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Supreme Court overturns 40-year-old "Chevron deference" doctrine

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Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine

#21

How much is this going to mess up the ability for the federal government to operate?

If Congress had a decent velocity/agility it would probably be okay. But their inability to pass laws in a timely fashion will make it very challenging for the federal government to keep up with societal changes.

Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine

#22
post #3

This 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.

"(4) Because Chevron’s justifying presumption is, as Members of the Court have often recognized, a fiction, the Court has spent the better part of four decades imposing one limitation on Chevron after another. Confronted with the byzantine set of preconditions and exceptions that has resulted, some courts have simply bypassed Chevron or failed to heed its various steps and nuances. The Court, for its part, has not deferred to an agency interpretation under Chevron since 2016. But because Chevron remains on the books, litigants must continue to wrestle with it, and lower courts—bound by even the Court’s crumbling precedents—understandably continue to apply it. At best, Chevron has been a distraction from the question that matters: Does the statute authorize the challenged agency action? And at worst, it has required courts to violate the APA by yielding to an agency the express responsibility, vested in “the reviewing court,” to “decide all relevant questions of law” and “interpret . . . statutory provisions.”"

"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

#23

What 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.

Elected officials are idiots and at the whim of their constituencies. They can’t make reasoned, scientific regulations.

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

#24

What 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.

[deleted]

Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine

#25

What 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.

> 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

#26

Earlier 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)

Of course, we regularly have big, major bipartisan bills getting passed in the Congress, don't we?

/s

Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine

#27

Earlier 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)

And that's better how??

Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine

#28

What 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.

That's one take...

Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine

#29
post #3

This 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

The legislature are not experts and it is reasonable for them to rely on the experts in the agencies that they created to fine tune implementation. If this was really bad then you should take it up with the legislature to change the laws.

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

#30
post #3

This 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.

It depends on which tradition they're talking about. Could it predate the rule of law?
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