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326
Supreme Court overturns Chevron decision, curtailing federal agencies' power in major shift (www.cbsnews.com)
submitted 5 months ago by TwitchingCheese to c/news
41 comments fedilink hide all child comments
 

The Supreme Court on Friday overturned a landmark 40-year-old decision that gave federal agencies broad regulatory power, upending their authority to issue regulations unless Congress has spoken clearly.

top 41 comments
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[–] Ghostalmedia 81 points 5 months ago (1 children)

Am I crazy for thinking that this is actually worse than the court banning abortion?

At least with abortion bans, people could see the direct impact and that could motivate voter turnout. This will be a decision that many voters won’t easily recognize as the cause of the corruption and injustice they will be feeling. A lot of people are going to get hurt, and they’re not going to know the real reason behind it.

The GOP finally got what they’ve been trying to get since the 80s. Get ready for The Jungle 2.0.

[–] FireTower 39 points 5 months ago (2 children)

The GOP finally got what they’ve been trying to get since the 80s. Get ready for The Jungle 2.0.

The GOP wanted Chevron in the 80s. It was a way of tweaking laws passed already without legislative resistance.

In 1981, after Ronald Reagan became President, the EPA changed its interpretation of the word "source" in the law to mean only an entire plant or factory, not an individual building or machine.

[–] [email protected] 29 points 5 months ago

I mean that's still what they want, absolute control. It's just that as soon as Chevron started working against them, they got rid of it.

[–] rayyy 3 points 5 months ago

It also opens the door to bribery.

[–] Cosmonauticus 62 points 5 months ago (2 children)

Because letting jackasses in congress set regulatory precedent on things they know jack shit about has always worked out

[–] [email protected] 44 points 5 months ago (1 children)

The goal is for regulations to be held up via congressional deadlock by the obstructionist party. Can't make a good or bad decision if you can't make a decision at all.

[–] [email protected] 26 points 5 months ago (1 children)

And this is a massive increase in authority for the courts. If there is ambiguity in the wording of a law, it's open for a lawsuit.

[–] [email protected] 18 points 5 months ago* (last edited 5 months ago)

The dissent on the "it's a gratuity, not a bribe lol" decision shows that ambiguity isn't even necessary. Same with the bump stocks ruling. And seceral before that.

The conservatives will pretend there is ambiguity and write pages of rambling pseudo logic no matter how clear the law is.

[–] FireTower 14 points 5 months ago

Things seemed to be going alright before the Reagan wanted to clarify the language of the Clean Air Act. The Congressional Research Services kinda cover this issue already.

[–] FlyingSquid 47 points 5 months ago

THE MULLAHS HAVE SPOKEN ON BEHALF OF ALLAH AND YOU SHALL FOLLOW THEIR PRONOUNCEMENTS!

[–] [email protected] 42 points 5 months ago (3 children)

Stare Decisis is for losers.

[–] FireTower 11 points 5 months ago

The decision actually actually mentioned stare decisis on cases decided on the basis of Chevron:

The holdings of those cases that specific agency actions are lawful—including the Clean Air Act holding of Chevron itself—are still subject to statutory stare decisis despite the Court’s change in interpretive methodology. See CBOCS West, Inc. v. Humphries, 553 U. S. 442, 457. Mere reliance on Chevron cannot constitute a “ ‘special justification’ ” for overrulingsuch a holding.

https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf

[–] [email protected] 7 points 5 months ago* (last edited 5 months ago) (2 children)

Dred Scott?

Sometimes precedent is plain wrong.

ETA: not in this instance though. This was a time they should have respected precedent.

[–] [email protected] 12 points 5 months ago

Yes, an incredibly racist ruling is a great comparison to dismantling the administrative state, removing personal healthcare choices, and regulatory authority.

[–] [email protected] 2 points 5 months ago (1 children)

Dred Scott is the exception that proves the rule.

[–] [email protected] 3 points 5 months ago

It’s actually not, which makes it a worse response. It wasn’t overturned by a court which is what state decisis applies to (Stare decisis is the doctrine that courts will adhere to precedent in making their decisions.) Dred Scott was overturned by the 13th & 14th amendments.

[–] ChonkyOwlbear 3 points 5 months ago

YOLO court strikes again

[–] [email protected] 32 points 5 months ago

Fucking conservatives

[–] [email protected] 27 points 5 months ago (2 children)

This also applies to law enforcement agencies like ice, right? Border patrol? They are all only able to enforce actual laws right?

[–] [email protected] 7 points 5 months ago

Yes, but they never followed that shit to begin with.

[–] FireTower 6 points 5 months ago

Yes

[–] [email protected] 23 points 5 months ago (2 children)

There's one way to fix this... elect a landslide blue majority in the HoR and Senate and redefine explicitly the role of every federal agency. That way Republicans in the future can't weaponize doing nothing as easily.

[–] [email protected] 16 points 5 months ago

Removing the filibuster so those things can be accomplished even if the Republicans have 41 Senators will also be necessary. That is what led to the minor improvements in the ACA instead of actually implementing something better like single payer healthcare.

[–] Telodzrum 10 points 5 months ago

The Senate map is basically impossible this cycle.

[–] [email protected] 21 points 5 months ago (2 children)

You know, eventually, after we've seen enough of this shit, I feel like there's a point we have to ask...will no one rid us of these turbulent justices?

[–] [email protected] 6 points 5 months ago (2 children)

no, because they're the supreme court, and they're appointed for life.

[–] [email protected] 10 points 5 months ago* (last edited 5 months ago) (1 children)

But hey, don't vote for Biden because of a bad debate. After all, how much worse can more conservative justices be....

Not directed at you- just in general.

[–] [email protected] 2 points 5 months ago

so true bestie, so true

[–] [email protected] 4 points 5 months ago (1 children)

I feel the reference went over your head...

[–] [email protected] 1 points 5 months ago

yea no it definitely did.

[–] Crackhappy 3 points 5 months ago

No, because Biden doesn't have the balls to put forward more justices. And yes, he could.

[–] Adalast 19 points 5 months ago (1 children)

What gets me is part of Project 2025 is planning on reclassifying all of the workers in the exact agencies this affects with sycophants and yes-men. As I understand it, the entire idea of that move is that Trump and the GOP can bypass Congress and the courts and essentially rule however they want.

Doesn't this decision run counter to that? Instead of allowing the regulatory bodies that are going to be sycophantilized to just run shot over their domains, now the risk having a non-sympathetic judge or an unfavorable swing in voting in Congress?

[–] [email protected] 9 points 5 months ago

I think it's for when the law is considered vague, they don't rely on the "experts" in these positions to give an answer they let the SCOTUS decide now.

What project 2025 would want to do is ensure the day to day operations are kept in a "business friendly" manner too so if they control both I guess it's just more ways for them to get what they want. :(

[–] Fades 17 points 5 months ago

thus they can use the do-nothing republican fascists to shoot things down. fuck this goddamn country

[–] SeattleRain 16 points 5 months ago

Noice, corporations about to have slaves soon.

[–] DrSleepless 14 points 5 months ago

Oh boy, we’re fucked.

[–] dezmd 8 points 5 months ago (1 children)

This is pure corruption.

[–] [email protected] 0 points 5 months ago

No it was pure corruption the way it was. Congress is supposed to write the laws, and the Judicial Branch is supposed to interpret those laws, not the unelected federal bureaucracy.

[–] SeattleRain 7 points 5 months ago (1 children)

Ooooo I'm going to get to live in the cyberpunk dystopia that I'm such a fan of after all.

[–] TwitchingCheese 2 points 5 months ago

I hear the mafia is looking for pizza delivery drivers.

[–] [email protected] -4 points 5 months ago

They did this immediately after Joe flubs the debate. Nobody's afraid of him anymore lol