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Jun 28 2024 09:43am
https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf

The Supreme Court has finally and formally struck down the decades long precedent of Chevron Doctrine, altering one of the biggest pillars of the American bureaucratic state
Chevron USA v NRDC of 1984 was the case that established federal courts must defer to any agency's interpretation of a law or statute without the court being allowed to make its own determination, so long as it first established congress had not ruled on the precise issue at stake, and an agency had a plausible interpretation. Even if the courts had read the statute differently. The argument stemmed from the premise that in highly technical language, specialized agencies are more uniquely suited to determine their own minutia than judges. Its also long been the boogeyman of libertarians and opponents of an expansive federal bureaucracy, as it effectively delegated control of substantial policy issues out of the hands of an elected congress who left them unresolved and out of the hands of contested courts and into a quagmire of executive agencies with fickle definitions often changing with each Republican vs Democratic president. The original case deal with a question of whether the phrase 'new stationary source of air pollution' in the Clean Air Act covered individual components and machines being added to a factory, or just an entire new factory development. The EPA originally interpreted the former, Ronald Reagan then had his EPA change it to the latter, and the lawsuit passed through a then circuit judge Ruth Bader Ginsburg up to the Supreme Court. John Paul Stevens wrote the unanimous decision establishing Chevron Doctrine, but at the time it wasn't seen as a significant precedent and took years of being repeatedly cited in thousands of decisions to become a landmark of federal law- one of the most important.

Loper Bright v Raimondo has now been decided in a 6-3 decision that tears it down. The supreme court holds that the Administrative Procedure Act requires courts to use their own judgment in deciding the appropriate determination of statutory language, wresting that back from the executive bureaucracy full stop- courts may not defer to agency interpretation simply because a statute is ambiguous, they must decide it themselves. They hold the principles of Hamilton's federalist papers and Marshall in Marbury v Madison: The intent that the courts shall be the final interpreters of laws, their proper and peculiar province and duty.

There are no less than 114 pages of opinion, concurrence and dissent, a real weighty tome only a wonk could appreciate. But this is as important as it is dry and as it was expected a decision.
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Jun 28 2024 09:52am
Nice, this is pretty good imo. Im sure the prior ruled true more so back then but iimo in the information age it’s outdated.
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Jun 28 2024 10:01am
Quote (Ryvulet @ Jun 28 2024 10:52am)
Nice, this is pretty good imo. Im sure the prior ruled true more so back then but iimo in the information age it’s outdated.


The argument even at the time was that courts aren't fit to answer technical questions, and should defer to agencies steeped in those topics. And that applied in particular to the emerging tech industry of the 80s. In practice, instead of becoming a technocracy of qualified experts finagling definitions in their fields, it was a bureaucratic swamp of political whims, with each administration mandating an outcome to an agency and tasking them with finding an excuse in statutory language to sell to the courts, flip flopping with each party switch of the presidency and trying to circumvent congress. The EPA was going to rule whatever Reagan wanted, whatever Obama wanted, whatever Trump or Biden wanted. Now John Roberts explicitly laid out that the courts are the most fit arbiters of ambiguous statutory language, completely rejecting the premise of Chevron Doctrine while trying to somehow keep intact prior decisions made under it (some disclaimer that 'this ruling doesn't revoke those made with previous methodology but we don't pinky promise not to revisit them piecemeal')

Its a big shift of power. Congress always had the authority to pass laws to resolve statutory definitions and clean up their prior laws, but lacks political will in either direction when there's not enough members of congress to pass a law nor change the existing ones. That slice of very prime middle ground was handed over to the presidency through delegation to executive agencies, and now its been seized back by the courts. A big expansion of court power and curtailing the executive bureaucracy. Which under a true unitary executive would be curtailing the president, but damned if a bunch of unelected bureaucrats didn't actively resist Trump the last time around
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Jun 28 2024 10:02am
Cool
So bought and paid for judges will start ruling in favor of business and regulatory agencies don't get a last say anymore

That's what I'm getting from this
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Jun 28 2024 10:47am
Quote (Bruv @ Jun 28 2024 10:02am)
Cool
So bought and paid for judges will start ruling in favor of business and regulatory agencies don't get a last say anymore

That's what I'm getting from this


Most of the regulatory agencies are more corrupt than the scotus is currently.

the judges get silly gifts from people, whereas the reglatory agencies are just an off ramp for the private sector. no single better thing on a resume than "works in XX agency, and knows how to skirt the rules".

im sure there will be some issues, but i wont cry for the ineffectual and corrupt regulatory agencies which wildly shift policy constantly through undemocratic executive action.
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Jun 28 2024 10:49am
I can hear the atf glow bots updating their resumes from here.
2A bros can't stop winning. Bump stocks and suppressors are back on the menu boys!
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Jun 28 2024 03:43pm
Quote (zorzin @ Jun 28 2024 11:49am)
I can hear the atf glow bots updating their resumes from here.
2A bros can't stop winning. Bump stocks and suppressors are back on the menu boys!


Not suppressors. Not yet, at least.
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Jun 28 2024 05:54pm
Quote (thesnipa @ Jun 28 2024 10:47am)
Most of the regulatory agencies are more corrupt than the scotus is currently.

the judges get silly gifts from people, whereas the reglatory agencies are just an off ramp for the private sector. no single better thing on a resume than "works in XX agency, and knows how to skirt the rules".

im sure there will be some issues, but i wont cry for the ineffectual and corrupt regulatory agencies which wildly shift policy constantly through undemocratic executive action.


I guess that could go both ways

Company A bribes Agency B to rule negatively for Company C
Just rich old people throwing their sacks around at the end of the day.
The money and gifts will just go somewhere else now
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Jun 28 2024 07:12pm
Quote (thesnipa @ Jun 28 2024 09:47am)
Most of the regulatory agencies are more corrupt than the scotus is currently.

the judges get silly gifts from people, whereas the reglatory agencies are just an off ramp for the private sector. no single better thing on a resume than "works in XX agency, and knows how to skirt the rules".

im sure there will be some issues, but i wont cry for the ineffectual and corrupt regulatory agencies which wildly shift policy constantly through undemocratic executive action.


Really? So do you think this is a good ruling, Snipa?
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Jun 29 2024 04:59am
Enjoy your third world dump.
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