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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

#681

Post by baryphonic »

mushufasa wrote: post #608

This is a complete disaster. The ramifications will be felt for decades. Now businesses must factor in the uncertainty of any random person launching a lawsuit that causes a local court to reverse a federal agency policy. Huge potential impacts to product / revenue, not just legal fees to fight everything. And immeasurable impacts of cowing all bold business decisions to avoid the ire of any person or group, no matte…

I fail to see how this parade of horribles will happen. Under the Chevron regime, any random person could still sue, and provided that the lawsuit survived an initial motion to dismiss, then any questions involving an administrative agency policy would defer to that agency's interpretation of their own policy and the law authorizing that policy.

The only change now is that the agency will have to demonstrate to an independent Article III court that its policy is correct and compatible with the authorizing law. Stare decisis will still control the lower courts once new precedents are set, and people will have meaningful appeals again.

There might be some disruption in the short term, but in a decade or two, I expect the new normal will be fine, but with the benefit that people can meaningfully appeal self-aggrandizing administrative state rulings.

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

#682

Post by kolbe »

autoexec wrote: post #676
VincentEvans wrote: post #664

Congress can actually legislate the right of agencies to interpret the gaps in the laws back into effect - by passing a law that explicitly gives agencies this power. Just like congress can legislate abortion laws rather than leaving it to judicial precedence. Fundamentally there’s nothing wrong with the position of supreme court to push the responsibility of lawmaking back on congress.

> Congress can actually legislate the right of agencies to interpret the gaps in the laws back into effect - by passing a law that explicitly gives agencies this power. Congress can't actually legislate anything while it's held hostage by obstructionists and there's effectively zero chance that a bunch of republicans who want to dismantle the already inadequate regulations that keep entire communities from being pois…

[flagged]

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

#683

Post by [deleted] »

Mountain_Skies wrote: post #678
autoexec wrote: post #676

Earlier quoted context omitted.

> Congress can actually legislate the right of agencies to interpret the gaps in the laws back into effect - by passing a law that explicitly gives agencies this power. Congress can't actually legislate anything while it's held hostage by obstructionists and there's effectively zero chance that a bunch of republicans who want to dismantle the already inadequate regulations that keep entire communities from being pois…

How did the obstructionists grant themselves that power?

[deleted]

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

#684

Post by stfp »

nimish wrote: post #615
curiousllama wrote: post #597

Earlier quoted context omitted.

This basically flips the judicial review logic from "did the regulator act within the scope of the law?" to "are there other ways the regulator could have acted that would also be within the scope of the law? If so, the judge decides which set of actions the regulator must take" I.e., anything Congress does not explicitly state in a law is now determined by federal judges. At the extreme, this is aggrandizing a very…

The entire purpose of the judiciary is to interpret the law. This is what they are supposed to do. Chevron curtailed this essential power in favor of taking an agency at its word, which is quite a dangerous stance.

Air pollution is dangerously low, it was time to reign in the eco-terrorists at the EPA :|

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

#685

Post by jordanb »

lovethevoid wrote: post #257
rayiner wrote: post #196

Earlier quoted context omitted.

Untrue. The way it will work now is that judges will focus on their expertise—interpreting what the laws mean. And agency experts will focus on their expertise—applying that law to specific factual scenarios.

Actually without C Deference, agency experts can no longer apply that law to specific factual scenarios.

Technically they still can do that but they can now be overridden by any judge for any reason. This is an obscene power-grab by our most corrupt and least accountable branch of government.

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

#686

Post by malcolmgreaves »

Mountain_Skies wrote: post #678
autoexec wrote: post #676

Earlier quoted context omitted.

> Congress can actually legislate the right of agencies to interpret the gaps in the laws back into effect - by passing a law that explicitly gives agencies this power. Congress can't actually legislate anything while it's held hostage by obstructionists and there's effectively zero chance that a bunch of republicans who want to dismantle the already inadequate regulations that keep entire communities from being pois…

How did the obstructionists grant themselves that power?

https://en.wikipedia.org/wiki/Gerrymandering

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

#687

Post by indigo0086 »

autoexec wrote: post #676
VincentEvans wrote: post #664

Congress can actually legislate the right of agencies to interpret the gaps in the laws back into effect - by passing a law that explicitly gives agencies this power. Just like congress can legislate abortion laws rather than leaving it to judicial precedence. Fundamentally there’s nothing wrong with the position of supreme court to push the responsibility of lawmaking back on congress.

> Congress can actually legislate the right of agencies to interpret the gaps in the laws back into effect - by passing a law that explicitly gives agencies this power. Congress can't actually legislate anything while it's held hostage by obstructionists and there's effectively zero chance that a bunch of republicans who want to dismantle the already inadequate regulations that keep entire communities from being pois…

Welcome to democracy, is it your first time?

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

#688

Post by kolbe »

VincentEvans wrote: post #664

Congress can actually legislate the right of agencies to interpret the gaps in the laws back into effect - by passing a law that explicitly gives agencies this power. Just like congress can legislate abortion laws rather than leaving it to judicial precedence. Fundamentally there’s nothing wrong with the position of supreme court to push the responsibility of lawmaking back on congress.

This isn't actually clear. The duty to legislate arguably cannot be transferred... even with legislation.

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

#689

Post by autoexec »

deltarholamda wrote: post #346
Balgair wrote: post #317

Earlier quoted context omitted.

There's already been a big issue with 'regulatory capture' and lobbying in government. Congress is only going to delegate when some other entity, likely a business, isn't already writing the law/regulation. A concrete example: Boeing is going to up their lobbying game hard . They can now not only help write the laws, but help choose who says they've broken them. There is no way that it will be good for passengers bef…

This is done with the regulatory agencies now, i.e. the revolving door from government agency to private sector. Worse, in some ways, because there's no real paper trail, such as donations to politicians or PACs.

Bribes to politicians rarely include paper trails, Super PACs don't either. The problem of vast amounts of dark money in politics is well documented.

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

#690

Post by skywhopper »

lcnPylGDnU4H9OF wrote: post #386
rswail wrote: 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 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.

Congress literally could not work this fast even if they were inclined to.
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