291–300 of 1001 posts
There's a tendency among certain people on HN to act like the conservative justices have no rhyme or reason and are just a bull running mindlessly through the china shop breaking precedent at random or specifically to hurt specific groups of people. I'm not a fan of every ruling that they've made, but this should have come as absolutely no surprise to anyone who's been paying any attention to the arguments that this…
This decision conflicts with their decision on the homeless. In one case local laws are enforcible, in the other, we are powerless to regulate. In both cases the balance of power shifts to the party already more powerful. Calling it disingenuous would be charitable.
Earlier quoted context omitted.
Unless the way elections are handled changes, such as doing anything that selects for expertise instead of partisan hackery, all this is going to do is accelerate the gridlock, corruption, and dysfunction. It just does not logically follow that putting more pressure on the legislative branch to be functional is going to work when its functionality or lack thereof is based largely on a very gerrymandered population be…
On the other hand, enabling the judicial and executive branch to overcompensate for this disfunction also seems problematic - particularly as the former groups aren’t elected (except for the President, of course).
There's a tendency among certain people on HN to act like the conservative justices have no rhyme or reason and are just a bull running mindlessly through the china shop breaking precedent at random or specifically to hurt specific groups of people. I'm not a fan of every ruling that they've made, but this should have come as absolutely no surprise to anyone who's been paying any attention to the arguments that this…
> They believe that Congress makes the laws, the Executive branch enforces them, and the Judicial branch interprets them. They believe that the Executive branch and the Judicial branch have been compensating for Congressional failure for too long and they have been very clear that they're intent on undoing that and rolling the system back to how they believe it should be. If Congress wants to delegate authority for m…
Earlier quoted context omitted.
> They believe that Congress makes the laws, the Executive branch enforces them, and the Judicial branch interprets them. They believe that the Executive branch and the Judicial branch have been compensating for Congressional failure for too long and they have been very clear that they're intent on undoing that and rolling the system back to how they believe it should be. If Congress wants to delegate authority for m…
>If Congress wants to delegate authority for micro-managing things to agencies, why shouldn't they be allowed to do so? Because the Constitution defined the Legislative branch as the entry point for new laws. Not the Executive . Period. The Legislative branch, with the Power of the Purse, is more than capable of establishing the requisite in-house research apparata to allow the Branch to become quickly read up and fl…
And (some) delegation has been found to be Constitutional for (at least) a century:
> Since 1935, the Court has not struck down a delegation to an administrative agency.15 Rather, the Court has approved, without deviation, Congress's ability to delegate power under broad standards.16 The Court has upheld, for example, delegations to administrative agencies to determine excessive profits during wartime,17 to determine unfair and inequitable distribution of voting power among securities holders,18 to fix fair and equitable commodities prices,19 to determine just and reasonable rates,20 and to regulate broadcast licensing as the public interest, convenience, or necessity require.21
* https://constitution.findlaw.com/article1/annotation03.html
From the original, unanimous, Chevron ruling:
> When a challenge to an agency construction of a statutory provision, fairly conceptualized, really centers on the wisdom of the agency's policy, rather than whether it is a reasonable choice within a gap left open by Congress, the challenge must fail. In such a case, federal judges—who have no constituency—have a duty to respect legitimate policy choices made by those who do. The responsibilities for assessing the wisdom of such policy choices and resolving the struggle between competing views of the public interest are not judicial ones: "Our Constitution vests such responsibilities in the political branches."
* https://en.wikipedia.org/wiki/Chevron_U.S.A.,_Inc._v._Natura....
It is the current reverse that is strange (Chevron was simply a codification of what was already happening for decades).
Earlier quoted context omitted.
Also, if the commenters here READ the full decision, the court explains the history and its reasoning better than any of us can do here. That's a common feature of Supreme Court decisions, and I find many Supreme Court decisions to be very interesting reading, including those from past decades.
> Also, if the commenters here READ the full decision, the court explains the history and its reasoning better than any of us can do here. Sometimes the reasoning is specious and a fig leaf (e.g., Heller ); have no idea how good it is here.
There's a tendency among certain people on HN to act like the conservative justices have no rhyme or reason and are just a bull running mindlessly through the china shop breaking precedent at random or specifically to hurt specific groups of people. I'm not a fan of every ruling that they've made, but this should have come as absolutely no surprise to anyone who's been paying any attention to the arguments that this…
Unless the way elections are handled changes, such as doing anything that selects for expertise instead of partisan hackery, all this is going to do is accelerate the gridlock, corruption, and dysfunction. It just does not logically follow that putting more pressure on the legislative branch to be functional is going to work when its functionality or lack thereof is based largely on a very gerrymandered population be…
i also think you are mistaking long term corruption and chaos with a normal process in big party system where every several decades the big voting blocks move around and thatparalyzes the politicians until they are sure who their voting blocks are. onve the voting blocks finishmigrating and sort out dominance per party things will go back more towards historical functioninglevels
From Justice Kagan's dissent on page 82: > This Court has long understood Chevron deference to reflect what Congress would want, and so to be rooted in a presumption of legislative intent. Congress knows that it does not—in fact cannot—write perfectly complete regulatory statutes... > It knows that those statutes will inevitably contain ambiguities that some other actor will have to resolve, and gaps that some other…
> This Court has long understood Chevron deference to reflect what Congress would want, and so to be rooted in a presumption of legislative intent. Congress knows that it does not—in fact cannot—write perfectly complete regulatory statutes... I really hope she meant to convey a different point here, because it reads as if congress doesn't care and wants unelected bureaucrats figuring out what laws mean because they t…
Before proclaiming that this outcome is horrible - Please consider that the Good Guys (your opinion) might not win the election in November. And that you might not want the courts auto-deferring to all the plausible-ish interpretations of ambiguous laws which gov't agency officials appointed by the Bad Guys (your opinion) might suddenly add the Official Agency Interpretations next year.
That is not a question of good guys and bad guys. It’s just that a system where the legislative branch micro-manages things like electrical safety in new homes to what you’re allowed to put in baby formula is completely unworkable. If “the bad guys” get into power, then the agency is still checked by the courts that are perfectly able to stop blatant overreach. OTOH, congress physically cannot keep abreast of the sta…