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

Post by [deleted] » Fri, Jun 28, 2024, 6:20 PM UTC

lolinder wrote: post #406

consumer451 wrote: post #43

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…

To put it a bit differently: Congress has not been able to pass substantial laws in decades. The executive branch has filled in by interpreting these laws very loosely in order to adapt to the changing situation and—importantly—to adapt to changing presidencies. That last part is the single biggest problem with the administrative regime as it has stood hitherto: it means that almost everything that happens in the fed…

Post by gnicholas » Fri, Jun 28, 2024, 6:21 PM UTC

callroomlamp wrote: post #118

Devastating that expertise will no longer influence the application of law and policy. The biggest question is who will interpret the application of law? Will it be challenged in court once again until a clear statement is made? Meanwhile, what will be the effects of this “deregulation” until a clear statement is made

Post by consumer451 » Fri, Jun 28, 2024, 6:21 PM UTC

andyjohnson0 wrote: post #405

treflop wrote: post #358

Earlier quoted context omitted.

From my understanding of political science classes, this is how the founders wrote it to be. Actually, it's supposed to be like this… Congress writes laws. Executive interprets those laws and decides ambiguities on its own. Some of those ambiguities are contested so courts decide the outcome. If that court’s outcome is contested, then Congress makes a new ruling explicitly stating what they want. Then it repeats. It’…

> It’s a cycle of checks and balances that is supposed to loop back into itself. Except that the US doesn't have a functioning legislative branch, so the corrective feedback action never happens. The justices who are making these rulings, and their clients, are very well aware of this.

Post by refulgentis » Fri, Jun 28, 2024, 6:21 PM UTC

itsdavesanders wrote: post #425

lolinder wrote: post #406

Earlier quoted context omitted.

To put it a bit differently: Congress has not been able to pass substantial laws in decades. The executive branch has filled in by interpreting these laws very loosely in order to adapt to the changing situation and—importantly—to adapt to changing presidencies. That last part is the single biggest problem with the administrative regime as it has stood hitherto: it means that almost everything that happens in the fed…

And imagine how our allies feel. If you can’t count on the U.S. for more than about 3 years at a time, then you quickly move away from them and insure you aren’t so tied to them that a foreign election suddenly makes you vulnerable. Which then makes everyone weaker as a whole and easier to pick off. Which is why U.S. foreign adversaries have been actively sowing chaos for a decade.

Post by sshconnection » Fri, Jun 28, 2024, 6:23 PM UTC

lolinder wrote: post #406

consumer451 wrote: post #43

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…

To put it a bit differently: Congress has not been able to pass substantial laws in decades. The executive branch has filled in by interpreting these laws very loosely in order to adapt to the changing situation and—importantly—to adapt to changing presidencies. That last part is the single biggest problem with the administrative regime as it has stood hitherto: it means that almost everything that happens in the fed…