Earlier quoted context omitted.
> 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…
I would much rather unelected bureaucrat scientists decide how to implement the intent and application of laws than congress.
Supreme Court overturns 40-year-old "Chevron deference" doctrine
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Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#932Earlier 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 Later, President Barack Obama’s administration rescinded the rule and replaced it…
I agree with Gorsuch's overall point, but he's also writing it knowing full well that today's Congress is not equipped to do all that rulemaking, and not equipped to agree on and pass the huge volume of legislation that would be necessary to duplicate all that rulemaking within the legislative branch. And he's ok with this, because his political ideology is such that fewer regulations and less rulemaking is a good th…
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#933Congress 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.
> Just like congress can legislate abortion laws rather than leaving it to judicial precedence. Actually they can't. They can only pass legislation that involves interstate commerce or spending. See https://crsreports.congress.gov/product/pdf/LSB/LSB10787
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#934Earlier quoted context omitted.
> Congress can't actually legislate anything while it's held hostage by obstructionists That’s a feature, not a bug.
I don't think there are many Americans who prefer a deadlocked and dysfunctional congress that is incapable of doing their jobs. We have a lot of things that need doing in this country which can't get done when obstructionists stand in the way. There will always be some number of petty people who don't care what the costs are as long as "their team" isn't allowing the "other team" a win, and those who don't want the…
You're assuming a lot more agreement WRT "doing their jobs" than actually exists.
I want X, you want not X. We both want Congress to "do its job", but what, exactly is that job?
Deadlock is when I don't get my way.
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#935Earlier quoted context omitted.
> because the large group of politicians can't get their act together and pass well-reasoned and descriptive laws How do you figure? This ruling says that Congress must be domain experts in every area, and agencies must merely implement the specific policies that Congress dictates. Is that even possible? For anyone? Sure, Congress is dysfunctional but so what? This new regime is unworkable, and it doesn't matter if i…
Congress could hire their own experts instead of having them work for the president.
It’s unworkable. And that is the goal.
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#936This seems like the judicial branch just voted to give itself substantially more power. Are there any checks against this? Or can justices just keep granting themselves more powers and invalidating any restraints?
https://harvardlawreview.org/forum/vol-136/the-imperial-supr...
Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#937Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#938Earlier quoted context omitted.
>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…
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Re: Supreme Court overturns 40-year-old "Chevron deference" doctrine
#939Earlier quoted context omitted.
> It would literally be impossible for congress to make a law covering every single nuance agencies are tasked with. What does that even mean? Supposedly these agencies already know what they're tasked with, no? If not... well I mean that's straight up irresponsible. The other part of this I don't get is that people have been complaining about the "Revolving Door" problem in these agencies for a long time now. They'r…
> Supposedly these agencies already know what they're tasked with, no? I don't even see why such a law would have to name any agency. It could be a generic, "yes Supreme Court we do intend to let the executive fill in the blank in the law through regulations - that's why we call them regulations". Even if that failed (perhaps on constitutional grounds), they could periodically accept agency regulation revisions and p…