Harvey v. Johanns
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Senior Circuit Judge.
This appeal has many of the characteristics of a civics lesson. One principal characteristic is that it offers a window on the interaction of the three branches that comprise our tripartite system of government. The lesson began when the Legislative Branch — Congress—enacted a consumer protection statute. It continued when the Executive Branch' — in the person of the Secretary of Agriculture (the Secretary)— promulgated implementing regulations under that statute. It soon implicated the Judicial Branch, where this court ultimately passed upon the validity of the…
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