Earlier quoted context omitted.
Congress cannot divest its legislative power, nor can it vest interpretive power to executive-branch agencies. The judiciary interprets law— not Congress.
There's no issue with Congress interpreting laws here. The executive branch is (was). Which they have to do because how do you enforce a law that you do not have an interpretation of? If Congress disagrees with the judiciary's interpretation they can just pass a law that makes their interpretation the literal law.
Supreme Court overturns 40-year-old "Chevron deference" doctrine
891–900 of 1001 posts
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#892Earlier quoted context omitted.
That was actually addressed on Page 7 of the decision. They begin with "The stare decisis considerations most relevant here—“the quality of [the precedent’s] reasoning, the workability of the rule it established,..." and proceed to find the considerations "all weigh in favor of letting Chevron go" https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf If you read the decision on abortion, you will find they spen…
Do keep in mind Roe didn't have standing. There's no harm from denying somebody an abortion when they're not pregnant.
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#893Earlier quoted context omitted.
> Combined with yesterday’s ruling on administrative courts, this amounts to a massive increase in the role of the federal judiciary in the execution of government action. Sounds great. How we got to the point where executive-branch agencies were making rules with the force of law, binding upon the public with no judicial oversight, is a mystery to me, but it's good to see that the courts are taking their responsibil…
> binding upon the public with no judicial oversight What on earth are you talking about?
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#894Earlier quoted context omitted.
That was actually addressed on Page 7 of the decision. They begin with "The stare decisis considerations most relevant here—“the quality of [the precedent’s] reasoning, the workability of the rule it established,..." and proceed to find the considerations "all weigh in favor of letting Chevron go" https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf If you read the decision on abortion, you will find they spen…
Do keep in mind Roe didn't have standing. There's no harm from denying somebody an abortion when they're not pregnant.
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#895Earlier quoted context omitted.
If his complaint is the back-and-forth, this is certainly a look-in-the-mirror moment for Gorsuch and the present court, who've sure made their own notable contributions to whipsaw governance dynamics lately. If his complaint is that there's an executive discretion in executing the law or the expectation should be that congressional force only goes as far as its ability to write micromanagement into statute then it's…
This is so incredibly ignorant, which is fine. We're on a startup forum after all--not a conlaw round table. We aren't supposed to be experts. But to think you have some superior intellectual standing on this issue compared to any of the SCOTUS justices to too much Dunning-Kruger for me to just let slide.
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#896Congress 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.
>Fundamentally there’s nothing wrong with the position of supreme court to push the responsibility of lawmaking back on congress. It would literally be impossible for congress to make a law covering every single nuance agencies are tasked with. This Supreme Court knows it. This is nothing more than deregulation on a scale not seen in modern American history. When you can’t find clean drinking water in 30 years, this…
Up until now, companies had to cannibalize their customers when they could no longer find legal ways to grow. This will be enshittification like we've never seen. Instead of cannibalizing their customers, corporations will be able to cannibalize and exploit everything else that isn't explicitly nailed down in legislation.
In essence, this is likely the next Citizens United: another massive power grab for corporate America, the richest, at the expense of the people who populate the country.
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#897Congress 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.
And the court could simply invent more utter nonsense to toss it out again.
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#898So if courts aren't to defer to agencies on such matters, to where do they look? Congress? The executive? We can hate on regulatory agencies all day long, but they are least get stuff done. They show up to work and figure out how to move forwards. This decision seams a win for those political groups who, rather than actual fix anything, are bent on throwing sand into the gearbox.
So many comment without reading the decision. Raimondo means only that the courts won't defer on matters of interpretation of law. If the agencies stick to the text and spirit of the statutes then their regulations will hold up. If they stretch the law, then they won't.
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#899Earlier quoted context omitted.
If his complaint is the back-and-forth, this is certainly a look-in-the-mirror moment for Gorsuch and the present court, who've sure made their own notable contributions to whipsaw governance dynamics lately. If his complaint is that there's an executive discretion in executing the law or the expectation should be that congressional force only goes as far as its ability to write micromanagement into statute then it's…
This is so incredibly ignorant, which is fine. We're on a startup forum after all--not a conlaw round table. We aren't supposed to be experts. But to think you have some superior intellectual standing on this issue compared to any of the SCOTUS justices to too much Dunning-Kruger for me to just let slide.
And part of the point of institutions like courts is that the reasoning is subject to public review and discourse, both institutional and social.
I'm making a specific response to shortcomings apparent in the argument -- the opinion seems to treat the fact of differing interpretation of law or differing policy goals between different executive administrations to be some kind of bug or worse a surprise, when it seems entirely reasonable to expect it as a feature, one that certainly shouldn't be surprising to someone whose whole career (and indeed, features of this very decision) turns on the interpretive range often present within the law.
If you have specific commentary indicating how experts from a conlaw round table might engage this response, by all means, don't "just let slide", enlighten all of us in the course of doing the work that people genuinely combating Dunning-Kruger might do by elaborating on what, specifically, is overlooked in the response or missing from its counterargument.
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#900Earlier quoted context omitted.
I liked this section of Justice Gorsuch's concurrence: > How bad is the problem? Take just one example. Brand X concerned a law regulating broadband internet services. There, the Court upheld an agency rule adopted by the administration of President George W. Bush because it was premised on a “reasonable” interpretation of the statute. Later, President Barack Obama’s administration rescinded the rule and replaced it…
If his complaint is the back-and-forth, this is certainly a look-in-the-mirror moment for Gorsuch and the present court, who've sure made their own notable contributions to whipsaw governance dynamics lately. If his complaint is that there's an executive discretion in executing the law or the expectation should be that congressional force only goes as far as its ability to write micromanagement into statute then it's…