this post was submitted on 19 Feb 2025
469 points (98.4% liked)

News

25226 readers
4563 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 2 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
[–] randon31415 55 points 2 days ago (1 children)

So, my understanding was prior to 1984 if a law was unclear, the courts would get involved and clarify. However, sometimes the courts wanted something that the writers of the law didn't want, and that thing was different from the current congress, which in of itself different from what the president wanted, which even could be different from what the independent executive branch department heads wanted.

This all came to a head with Chevron. In Chevron, anything unclear in a congressional law that applied to a executive branch's mission was left up to the head of that department which in a way was controlled by who the president nominated. In that way, if congress left something vague that meant the courts, congress, and the president all agreed that the head of the particular department in the executive branch got to decide it.

This peace lasted up until Loper in the end of 2024 under Biden. In it, the Supreme court said basically "If something is unclear, it is the courts and not the executive branch" that got to interpret the law. Not wanting to overturn 40 years of regulation, the courts said "anything made under Chevron is still good, but that stops now", most likely since they thought Biden was going to win again and they wanted to take away his power.

Now this EO is saying "No, lol, Loper doesn't mater. No one but the president himself (and DOGE) can interpret the law." At least both Loper and Trump agree that THE REGULATORS can't make new regulations. And because SCOTUS didn't really want that job, and Trump doesn't want to do anything, don't expect any new regulations for the next 4 years.

[–] [email protected] 4 points 1 day ago

My guess is that the reason they bothered with this, rather than leaving it with the courts, is that this version would allow Trump to abruptly reverse the things that were previously decided under Chevron deference.