“Can never stand?” Sure it can! We just need another rule.

This is … almost funny, except that it’s terrifyingly Orwellian.

Obama Regulators Lose Case to Apply Future Laws to the Past

Judges ruled that the Centers for Medicare and Medicaid Services (CMS) improperly pursued an $800,000 fraud fine against “homebound” therapy provider Caring Hearts, which services Medicare patients, by applying new regulations after-the-fact. The court wrote that CMS was “unfamiliar with its own regulations” and is “struggling to keep up with the furious pace of its own rule making.”
…
“This case has taken us to a strange world where the government itself —the very “expert” agency responsible for promulgating the “law” no less — seems unable to keep pace with its own frenetic lawmaking. A world Madison worried about long ago, a world in which the laws are “so voluminous they cannot be read” and constitutional norms of due process, fair notice, and even the separation of powers seem very much at stake. But whatever else one might say about our visit to this place, one thing seems to us certain: an agency decision that loses track of its own controlling regulations and applies the wrong rules in order to penalize private citizens can never stand…”