Live data from Hacker News

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

axios.com

631–640 of 1001 posts

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

#631
post #99

I'm impressed that they can so easily dispose of 40 years of law making by Congress that assumed that agencies would interpret the statutes and make rules for regulating their area of authority. Now Congress is going to have to specify every possible consequence of laws in the statutes, otherwise a judge will decide. So agencies will not have any power to actually regulate. Awesome logic work, but terrible legal thin…

> Now Congress is going to have to specify every possible consequence of laws in the statutes, otherwise a judge will decide. > So agencies will not have any power to actually regulate. This honestly sounds perfect. If this is the actual end result of this ruling, we’ll all be in a much much better place.

Agreed. If Congress or Executive agencies don't want the judiciary interpreting the laws in various ways they should write laws with no room for interpretation.

The couts giving/forcing (back) power to the legislature where laws are supposed to be written, deliberated, and passed is a very good thing.

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

#632
post #99

I'm impressed that they can so easily dispose of 40 years of law making by Congress that assumed that agencies would interpret the statutes and make rules for regulating their area of authority. Now Congress is going to have to specify every possible consequence of laws in the statutes, otherwise a judge will decide. So agencies will not have any power to actually regulate. Awesome logic work, but terrible legal thin…

> So agencies will not have any power to actually regulate.

This is the goal. Want to pollute? You will soon when the EPA has no teeth.

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

#633

Earlier quoted context omitted.

> So agencies will not have any power to actually regulate. This isn't accurate. Agencies will just need to work with Congress to help them write laws which make sense according to how the agency would like something to regulated.

except agencies need to be able to work on timelines faster than once a decade

And Congress too.

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

#634

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.

The court is partisan as all hell. If the side that wants to poison water and air to save money for industry wins, the court is going to high five it and laugh.

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

#635

Earlier quoted context omitted.

It’s lobbyist who will fill this gap

Lobbyists will fill the gap, and 70+ year old judges will rule on the intricacies of nuclear regulation by harkening back to 15th century English law.

Can’t wait for an American Chernobyl disaster in a civil society that looks like handmaids tale.

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

#636
post #99

I'm impressed that they can so easily dispose of 40 years of law making by Congress that assumed that agencies would interpret the statutes and make rules for regulating their area of authority. Now Congress is going to have to specify every possible consequence of laws in the statutes, otherwise a judge will decide. So agencies will not have any power to actually regulate. Awesome logic work, but terrible legal thin…

> So agencies will not have any power to actually regulate. This is the goal. Want to pollute? You will soon when the EPA has no teeth.

This could go the other way. All agencies answer to the President. The President could just scrap all regulations or just not enforce them.

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

#637
post #333

Earlier quoted context omitted.

Congress is one of the least effective institutions in this country

The purpose of Congress is to make these kinds of decisions. They pass the buck so they don't have a voting record that an election opponent can use against them. They need to do their job.

Unfortunately saying they need to do their job will not make it so

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

#638

Earlier quoted context omitted.

except agencies need to be able to work on timelines faster than once a decade

[flagged]

It’s also what the more intelligent voters on the far right do get. Put the power in the hands of the wealthy, where they want it.

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

#639
post #99

I'm impressed that they can so easily dispose of 40 years of law making by Congress that assumed that agencies would interpret the statutes and make rules for regulating their area of authority. Now Congress is going to have to specify every possible consequence of laws in the statutes, otherwise a judge will decide. So agencies will not have any power to actually regulate. Awesome logic work, but terrible legal thin…

Essentially every regulating agency will have to get their charter re-written and passed through Congress a second time. While that happens, we can expect to see a flood of cases decided under a variety of standards in lower courts. I think this is going to end up making real mess, it's definitely going to slow regulation and enforcement across the board.

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

#640

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.

We should further defang the SEC. We really need a new round of crypto and mortgage backed securities.
Post reply on HN