Supreme Court weakens federal regulators with Chevron overturning, threatening net neutrality, right to repair, big tech regulation, and more
Supreme Court weakens federal regulators with Chevron overturning, threatening net neutrality, right to repair, big tech regulation, and more
The end of Chevron deference will touch on everything from broadband policy to climate change.
The downfall of Chevron deference could completely change the ways courts review net neutrality, according to Bloomberg Intelligence’s Matt Schettenhelm. “The FCC’s 2024 effort to reinstitute federal broadband regulation is the latest chapter in a long-running regulatory saga, yet we think the demise of deference will change its course in a fundamental way,” he wrote in a recent report. “This time, we don’t expect the FCC to prevail in court as it did in 2016.” Schettenhelm estimated an 80 percent chance of the FCC’s newest net neutrality order being blocked or overturned in the absence of Chevron deference.
Federal Trade Commission Chair Lina Khan has made no secret of her ambitions to use the agency’s authority to take bold action to restore competition to digital markets and protect consumers. But with Chevron being overturned amid a broader movement undermining agency authority without clear direction from Congress, Schettenhelm said, “it’s about the worst possible time for the FTC to be claiming novel rulemaking power to address unfair competition issues in a way that it never has before.”
Khan’s methods have drawn intense criticism from the business community, most recently with the agency’s labor-friendly rulemaking banning noncompete agreements in employment contracts. That action relies on the FTC’s interpretation of its authority to allow it to take action in this area — the kind of thing that brings up questions about agency deference.
I’m not an American but my impression is the Supreme Court is mainly designed as a last bulwark to ensure the US never under any circumstances ever does anything remotely good and this isn’t exactly improving that impression.
It's simply an institution meant to interpret laws and their legality. All of that goes out the window when the people in said institution are politically charged, corrupt, or make bad arguments.
Corrupt doesn't even begin to describe it these days. They ruled recently that they are legally allowed to accept bribes, so long as the bribe comes after the decision is made.
The laws of the United States of America are literally for sale by conservative judges. This breach of justice is actively dismantling a cornerstone of our countries successful history.
Oh, the irony, that the "conservative" party is the one radically destroying the highest court in America. Their supporters can wave all the flags they want this week, but what they represent is actively destroying this country.
It's FOR the people BY the people, not for the highest bidder. at least, that's how it used to be before Trump's presidency.
Ironic considering everything they're "overturning" is former Supreme Court rulings that granted all these rights.
To be consistently evil you need checks and balances. This is the system at work.
They interpret the law. And when existing law has bad policy outcomes people get made that 9 unelected lawyers in robes aren't legislating for us. When the out comes are good people don't hear about them or forget them.
The truth is the winners have already won, and no one else ever will. They do not intend to make the American Dream obtainable for anyone but Those Approved.
It's a big club. You aren't in it. I'm not in it. everyone you or I know isn't in it. You know when your in it, because you benefit from this. If you will likely lose benefits, like all of us will, you aren't in the club.
How do you fight those in power uninterested in giving up that power?
You take it from them.
I miss you George Carlin.
The truth is the winners have already won
this. it's all a big game and there are only winners and losers. good and evil are just ideas. if you believe in something, you go for the throat to make it reality. otherwise, you're just a loser on the internet bitching about it. more of you need to wake up to this fact.
The first time I saw a headline about this, just saying that the Supreme Court overturned "the Chevron doctrine" my initial thought was that I have no idea wtf they did but if the votes went 6-3 I know it can't be anything good.
Much to my consternation I appear to have been right.
I've known this was coming for years. Once Goursich was added it was known to those watching the courts exactly what would happen.
Before one of the hosts did the typical "become an unwanted sexual advance asshole" like everyone seems to become after they gain some fame, Opening Arguments podcast was a great way to learn about how depressing our future will be.
It's absolutely fucking disgusting that no matter what the outcome SHOULD be, you can almost always call how this court will go simply by asking "what benefits the ultra wealthy and what have conservatives wanted forever?"
My perspective having known about Chevron before Friday is that while this is a big development for admin law people seem to be overstating the impact it will likely have. Agencies like the EPA, FDA, etc can still make rules as before now courts just have to judge arguments on interpretation impartially, like they did before the SCOTUS made the doctrine in the 80s aiding Reagan. The SCOTUS hasn't even applied it since 2016.
Exactly! Time to make the SC bigger, so you have to bribe more than 3 or 4 or 6 to get your anti-people policy pushed through...
Trump would add 10 more. Its not enough
This sucks ass. It’s hard to not become blackpilled from Friday’s rulings.
Is there a word to be People's Will pilled? Cause that's where I'm heading.
Personally, I take comfort that the executive will be weakened as it looks more and more likely that we're about to have a wannabe dictator coming to office.
It'll only be weak for the presidents they don't like
Some thing needs to keep the court in check and remove the bad apples.
It’s called Congress. Too bad they are made up of spineless, greedy pieces of shit to do anything about any of this.
This is why the right came for Chevron, they can buy Congress. Much harder to buy a whole agency.
Every judge is a bad apple. Just fossilized cultists in robes judging everybody else.
Grow up.
Dont americans always claim that is why they have the 2nd amendment?
the us will be a true shithole in about a decade.
the us will be a true shithole in about a decade.
Will be?
I haven't had any interest in visiting the place since Bush was president.
And tou don't even have Putin. If you need one, you can get one for free if you choose pickup. Also you might consider Boris "parlament is not place for discussion" Grizlov.
The illusion of democracy has entirely worn off. When are we taking to the streets with guns?
don't take to the streets. take to the dark web. be smart. don't be a mob. know which targets bring the most results. clandestine and precise. once upon a time, we had very smart people at the helm of the internet. i fear those people don't exist any more.
That takes an amount of cunning and resources that few people have. I think most people with the ability to do that benefit from the current status quo.
When are we taking to the streets with guns?
After we disarm the extremely weaponized cops, military, etc... And we don't even need guns.
lol. you'll just legislate the revolution, amirite?
We need guns because we'll never disarm the state's goons.
Democracy isn't when appointed officials always side with other appointed officials.
I feel like I'm living in the prequel to The Handmaid's Tale
It totally makes sense to have a bunch of elected non experts go through the minutae of federal departments and how to implement policy. /s
Think you meant non elected.
But the point is that policy decisions aren't to be made by courts or agencies. They are to be made by an elected legislature, informed by the Congregational Research Services. To ensure the separation of powers.
Then the Executive agencies are to be tasked with enforce of the law. And if conflict should arise in the understanding of the law the judiciary is to interpret the law. And while judges are not experts in everything they are the experts in statutory interpretation.
They become less "supreme" with every decision anymore
That just means they come with sour cream and tomatoes
And beans. Lots of fetid sour beans
But both sides are the same.
God damn it, i wish Clinton had won so bad. It would be the exact opposite and corporations wouldn't be getting this free reign. Fuck.
I wish Gore had won, every other headline wouldn’t be about the impending climate doom and what we’re not doing to stop it
Oh wait, he DID win and the fucking court stole it
Don't forget that 3 of the current justices (Barrett, roberts, kavanaugh) were on bush's legal team in 2000 Bush vs Gore
FL would've been a landslide and the courts wouldn't have even been asked if the greens voted for Gore.
I wish the democrats didn’t force her, the candidate that was predicted to be weakest against Trump and the only one likely to lose, through the primary with every trick they could. The democrats tried to skew and steer their own voters and we all lost because of it.
She demolished sanders in the primary. Get over it. The belief that she only won because of some dirty tricks or that sanders was screwed is just nonsense. I wish he had won, and i voted for him, but unfortunately reality tells a much different story. This belief he was screwed is no different than the belief that trump was screwed in 2020.
TBH with how Obama treated Netanyahu versus Trump admin backing single state solution: I bet the war on the Gaza Strip wouldn't be happening, either. Not at the same scale, at least.
Clinton is super pro-corporate, what are you on about? She was unelectable and never should've run, she's directly responsible for Trump.
You think she would have nominated people like kagan or people like gorsuch? Did you see how these votes went down partisan lines? I see for your other responses to me that reality ain't necessarily your thing, but just try to think about this rationally for a second.
That being said, if sanders had won the wh, his choices would have likely been even better.
God damn it, i wish Clinton had won so bad. It would be the exact opposite and corporations wouldn’t be getting this free reign. Fuck. \s
FTFY.
Literally all of these have been a long ideological lines. Do you really think she would have appointed conservatives? Are "muh both sides"ers really this out of touch with reality?
United enShittification of America
United enShittified States of America
the stock market likes it
What does stare decisis mean? Asking for 6 justices.
I think it means something similar to YOLO.
It’s a new kind of sandwich you take a couple bites out of them throw it away in front of homeless people.
Are there any of the rules being weakened that are pro-company/anti-consumer/anti-worker? Not all government rules help people.
Like did OCSH decide I cannot sue my employer, but now I can type shit? I figure the only want to fix this is to hurt Harlan Crow with it.
Are there any of the rules being weakened that are pro-company/anti-consumer/anti-worker?
lmao
Yeah...
Truly, the best democracy money can buy. "This was the supreme court", all of which was appointed by different presidents in different time periods, so a direct consequence of political will
Holy shit i can't believe someone is trying to both sides this. Trump got three nominees, and put 3 far right wing people on the court. If Clinton had put three people on, this would have all gone absolutely been like left wing of the court now, and these people would have gone the other way. And we still have morons clinging to the nonsense that it's the fault of both sides. Amazing.
I don't think characterizing them as all being far right hacks is very accurate. Gorsuch for example wrote Bostock v Clayton County (Stopping people from being from being fired for sexual identity or orientation), McGirt v Oklahoma (Upholding a long ignored treaty with the Creek nation), and Ramos v Louisiana (Killing a Jim Crow law designed to disadvantage minorities in criminal trials). They just abide a different judicial doctrine.
Maybe an unpopular opinion here on lemmy, but I think this is a good thing.
Chevron is a good idea in theory, give experts in regulating a specific thing more leeway to manage that. Problem is if you give a bureaucratic agency an inch they become maniacal dictators. They start calling bees a kind of fish and a puddle in your backyard a lake, they randomly change up their own decisions making normal people criminals overnight or vice versa, and sometimes they even just try to make their own rules.
If you want a law then make a law, don't have an unelected bureaucrat issue an edict. If the legislative branch is a mess the solution is to fix the mess, not hand off their powers to the executive branch. Again, if used by level headed people it would have been great, but eventually after so many decisions that would sound too comical for a parody we can't have nice things anymore.
Do you have any non-hyperbolic examples of this kind of overreach?
I think their alluding to a California Bee interpretation another commenter mentioned and perhaps Sackett v EPA for the one after that. For the switching one I read that probably referring to multiple cases but the BATFE pistol brace interpretation has gone through multiple instances, several implicating hundreds of thousands into felons. For the making up rules I'd guess they were talking about the recent court decision where the agency decided they could hold fishers accountable for compliance officer's salaries despite the law not state that they could do that.
Lol, those were not hyperbole, although I get where their absurdity might make you assume they were.
Supreme Court weakens federal regulators
Thank goodness!