The non delegation doctrine is a very important constitutional limitation on Congress giving too much power to the executive. It is also something conservatives care a great deal about. I think Justice Kagan, Justice Kagan, the three liberals are going to vote against Trump no matter what, in any circumstance. So Kagan is a no, but she's trying in a very savvy way to argue it in a way that will appeal to Justice Gorsuch, Chief Justice Roberts, or Justice Barrett. (21:27–21:33)
CLAIM
Asserts that Justice Kagan and the three liberal justices will vote against Trump in any circumstance.
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