How much is this going to mess up the ability for the federal government to operate?
Supreme Court overturns 40-year-old "Chevron deference" doctrine
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Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#22This court continues to make decisions that might be defensible if you were making them for the first time, but go against decades of precedent in which time many laws have been written on the assumption that things would work a certain way. For a group that claims to be holding to tradition they sure are willing to throw things into chaos.
"Stare decisis, the doctrine governing judicial adherence to precedent, does not require the Court to persist in the Chevron project. The stare decisis considerations most relevant here—“the quality of [the precedent’s] reasoning, the workability of the rule it established, . . . and reliance on the decision,” Knick v. Township of Scott, 588 U. S. 180, 203 (quoting Janus v. State, County, and Municipal Employees, 585 U. S. 878, 917)—all weigh in favor of letting Chevron go. Chevron has proved to be fundamentally misguided. It reshaped judicial review of agency action without grappling with the APA, the statute that lays out how such review works. And its flaws were apparent from the start, prompting the Court to revise its foundations and continually limit its application."
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#23What is the significance of this
Huge and positive in the direction of lawmakers making law, not regulatory bodies that are unelected. Similarly in favor of trials by jury and not by regulatory administrative courts. A huge win for democracy and freedom that both major US parties and all citizens should celebrate.
Some lawmaker is going to call for dumping all PFAS into the local river for example.
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#24What is the significance of this
Huge and positive in the direction of lawmakers making law, not regulatory bodies that are unelected. Similarly in favor of trials by jury and not by regulatory administrative courts. A huge win for democracy and freedom that both major US parties and all citizens should celebrate.
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#25What is the significance of this
Huge and positive in the direction of lawmakers making law, not regulatory bodies that are unelected. Similarly in favor of trials by jury and not by regulatory administrative courts. A huge win for democracy and freedom that both major US parties and all citizens should celebrate.
You've said this elsewhere in thread but you're making an idealogical claim with no supporting information. Congress is virtually non-functional, the court voted on idealogical lines, it only benefits one party to put more responsibility into congress.
So maybe 50% of the country should be celebrating?
I for one see a lot of problems with this ruling and the secondary and tertiary consequences it will cause.
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#26Earlier quoted context omitted.
Corporations will run roughshod over regulators and everyday citizens' lives will be measurably worse as a consequence.
Not at all. They can still be sued, and lawmakers can still make laws. (edited, originally mistakenly wrote "regulators" can still make laws, which is exactly the wrong thing)
/s
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#27Earlier quoted context omitted.
Corporations will run roughshod over regulators and everyday citizens' lives will be measurably worse as a consequence.
Not at all. They can still be sued, and lawmakers can still make laws. (edited, originally mistakenly wrote "regulators" can still make laws, which is exactly the wrong thing)
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#28What is the significance of this
Huge and positive in the direction of lawmakers making law, not regulatory bodies that are unelected. Similarly in favor of trials by jury and not by regulatory administrative courts. A huge win for democracy and freedom that both major US parties and all citizens should celebrate.
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#29This court continues to make decisions that might be defensible if you were making them for the first time, but go against decades of precedent in which time many laws have been written on the assumption that things would work a certain way. For a group that claims to be holding to tradition they sure are willing to throw things into chaos.
Sometimes bad precedents need to be overturned when decades of evidence have accumulated that it was a mistake, and this is one 100% of people should be happy about. There have been other poorly decided precedents in the past that were later overturned, for example: https://en.m.wikipedia.org/wiki/Dred_Scott_v._Sandford
This goes into a core misunderstanding I think a lot of Americans have, that we have three co-equal branches of government. That was not the intention, the Legislature is supposed to be the most powerful, creating laws and with the authority to impeach the other two branches, who have no way of removing legislatures. Over time the other two branches have been accumulating power that should belong to the legislature, and I see this as yet another example.
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#30This court continues to make decisions that might be defensible if you were making them for the first time, but go against decades of precedent in which time many laws have been written on the assumption that things would work a certain way. For a group that claims to be holding to tradition they sure are willing to throw things into chaos.