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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

#931
post #299

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.

You're assuming these people are actually dispassionate scientists and not, ya know, political appointees.

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

#932
post #755

Earlier 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 Later, President Barack Obama’s administration rescinded the rule and replaced it…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…

Reversing Chevron doesn't mean that Congress has to do all the work. It means that the courts will interpret what the statutory language allows when the agencies do their rulemaking. It's really that simple, and it's not a big deal.

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

#933

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.

> 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

And foreign trade. And navigable waters. And... Oh, and the commerce clause has been read to mean literally anything.

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

#934

Earlier 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…

> I don't think there are many Americans who prefer a deadlocked and dysfunctional congress that is incapable of doing their jobs.

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

#935

Earlier 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.

But that means they would never be done with any law. Rather than creating the EPA in the 70’s and funding and authorizing it to do its thing, every session of congress would have to consider every topic that comes before the EPA every year.

It’s unworkable. And that is the goal.

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

#936

This 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?

That’s exactly the argument of this (exhaustive) Harvard law review piece from 2022, that the sole pattern of the supreme courts decision making is that it accrues power to itself at the expense of other branches of government

https://harvardlawreview.org/forum/vol-136/the-imperial-supr...

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

#938
post #890

Earlier 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…

[flagged]

There was leaded gasoline which even at the time it was introduced was known to cause brain damage.

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

#939
post #925

Earlier 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…

They could, but with a party like the GOP it won’t happen.
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