Writing for the high court majority was Justice John Paul Stevens, the court's most liberal member, joined by the court's four conservatives. If Congress had intended to authorize two members to act alone, he said, "it could have said so." Instead, Congress imposed a three-member minimum as a quorum. Allowing two members to run the agency because Congress and the White House can't agree on new members, he said, would be "letting the board create a tail that would not only wag the dog, but would continue to wag after the dog has died."Funny, right?
(see today's Morning Edition for the whole story)