• Ghostalmedia@lemmy.world
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    11 months ago

    The conservative Supreme Court is about to make that a lot harder in a few days. Get ready for the Canonaro to be real.

    • IrateAnteater
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      11 months ago

      What decision is this? I’ve not been paying attention to Supreme Court doings lately.

      • Snot Flickerman@lemmy.blahaj.zone
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        11 months ago

        It’s actually a few different cases, but they all hinge on whether the Executive branch has a legal standing to create Federal agencies that can create and execute regulation.

        There’s a good chance we could soon be in a USA where experts don’t have a voice, and the courts suddenly are in charge of the regulatory state.

      • Ghostalmedia@lemmy.world
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        11 months ago

        The Dobbs case of this session is Loper Bright Enterprises, Inc. v. Raimondo, and it’s looking like the court is going to side with the conservatives.

        https://www.npr.org/2024/01/17/1224939610/supreme-court-chevron-doctrine

        Right now Congress gives regulatory agencies general guidelines, and the agencies work out the finer details. Soon it will likely be left to Congress and the courts to iron out those finer details. And both of those bodies are slow, and courts are fragmented across states.

        • Rivalarrival@lemmy.today
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          11 months ago

          There will still be a degree of deference, it just won’t be absolute like Chevron requires. Agencies will still be presumed valid, but that assumption will become rebuttable.

          Everyone likes to point at the EPA with respect to Chevron deference. We need to look at the FCC under Ajit Pai. Chevron deference should not have protected the FCC when they decided to suspend Net Neutrality in 2017.

          We should also be able to challenge NHTSA’s CAFE standards, which are driving manufacturers to make larger cars because it’s harder to make small cars compliant than larger. But, because of Chevron deference, we can’t: the agency knows best.