[jellicle]

Yes, the SEC and FDA and EPA and all similar regulatory agencies are headed for the chopping block too. You only need one judge to say so.

And yes, the quality of the reasoning is going to be just as bad. Sure, Congress passed a law which says in so many words "the agency has the power to do...", but here I am a duly appointed judge, and I can write a decision saying "Congress never gave the agency the power to...", with impunity, and so I shall.

[FireBeyond]

Well, it's even worse. In this case the judge said that even if the agency had the power, she didn't feel sufficiently convinced by their argument (to act within their power) and would block it anyway.