SCOTUS Thread (News and Discussion) III: Abandoning 90 Years of Precedent

[Salodin]

Jesus, Biden defeated Trump just to give the courts time to give Trump more power before he enters his lame duck term. Some real monkey paw shit. Hopefully Biden starts on some amphetamines pronto for the next debate

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[Tyrath]

Trump better be looking over his shoulder next time he visits Washington DC, Biden's secret service snipers are looking to do some "official acts"

And of course all crime in DC is federal crime, meaning pardonable by the president (another official act)

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Biden up to the greatest president ever if he has the balls to do that.

Of course he won't but it's nice to dream

[Kaslo]

I'm actually kind of happy about Chevron going down, but that's because as someone who practices administrative law is frustrating how much agencies adopt terrible interpretations of law that prevent challenges. And really, the opinion seemed to imply "you can follow agency interpretations, just don't say that's what you are doing," which will at least allow petitioners to feel like they are getting a real challenge to agency action.

[arus2001]

Trump better be looking over his shoulder next time he visits Washington DC, Biden's secret service snipers are looking to do some "official acts"

And of course all crime in DC is federal crime, meaning pardonable by the president (another official act)

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This falls into the, "Biden has the chance to do the FUNNIEST thing!" category.

And honestly, even if it turns into an impeachment at best, I think most would consider it a net positive.

[Zealot]

Biden's got no political future ahead of him, and little future in general. There is nothing stopping him from taking whatever steps necessary to protect the Republic.

[AoE]

Nevermind the fact that if it officially came out that Biden orchestrated something like that, we'd have a real shot at starting a Civil War but we need to stop looking at Trump only and start looking at the environment that was built to allow him to get away with all of this shit starting with the Supreme Court.

If Trump loses, they'll just groom someone else to take his place. Trump is a symptom and a useful idiot of all of the corruption not the cause.

[Roranora]

Biden's got no political future ahead of him, and little future in general. There is nothing stopping him from taking whatever steps necessary to protect the Republic.

maybe cowardice

[Tymon]

While this ruling is devastating and disheartening for the future of the American Republic, I must, and we must not utilize such power, in order to maintain the decorum of the most powerful office in the world. We must stand above, and utilize the greatest power Americans possess - the ballot box, to continue our great Republic. No matter who wins or loses, as always - this too shall pass.

- Biden/DNC, probably, while texting their insider traders on the way to the bank to pick up their pension checks.

[Tyche]

I'm actually kind of happy about Chevron going down, but that's because as someone who practices administrative law is frustrating how much agencies adopt terrible interpretations of law that prevent challenges. And really, the opinion seemed to imply "you can follow agency interpretations, just don't say that's what you are doing," which will at least allow petitioners to feel like they are getting a real challenge to agency action.

My issue with this is twofold, but please tell me I'm wrong or misguided.

1. Judicial logjams and delay tactics. Company does something heinous, agency says "you can't do that". Company sues, judge shops, and gets a stay to continue to do heinous shit for 3 years waiting for rulings and appeals.

2. Courts aren't experts and honestly, succumb to the same issues laymen have when assessing scientific data in the media. This is partially on the attorneys to get right, but a judge who wants to see a flat earth will see a flat earth if they find one qualified expert to say the earth is flat.

[Tyrath]

If Trump loses, they'll just groom someone else to take his place. Trump is a symptom and a useful idiot of all of the corruption not the cause.

You can't groom a cult of personality. Of course Trump isn't the only problem, but he is a major problem that GOP will not be able to replicate in the same way.

[Anoat]

When they go low we go high eh? Dark Brandon may differ

[Byrthnoth]

Imo the Chevron decision would make sense if Congress hadn't spent 30 years neglecting its core functionality.

In Canada or something, if a policy isn't working they just amend the legislation. That doesn't happen here, so giving the executive branch the latitude to fix things was our only workaround.

Destroying Chevron deference isn't going to make Congress functional, so we are strictly worse off than we were beforehand.

[Mertron]

fingers crossed

https://twitter.com/samyoungman/stat...681837206?s=46

[Zealot]

Expecting Congress to legislate every administrative issue the agencies have dealt with for 40 years is impossible. Even a 100% functional and active Congress could never move with the alacrity and expertise as professional agency administrators. The end of Chevron is paralyzing.

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[Roranora]

when El-P says this whole court is unimportant you fuckers are walkin corpses i think of this court

[Andalusian girls]

guess Nixon was right when he said when the president does it that makes it not illegal

Expecting Congress to legislate every administrative issue the agencies have dealt with for 40 years is impossible. Even a 100% functional and active Congress could never move with the alacrity and expertise as professional agency administrators. The end of Chevron is paralyzing.

but besides further paralyzing government agency in the continued Republican endeavour to break central government except when it comes to draconic law enforcement and curtailing civil liberties is it really so bad

[Byrthnoth]

Congress can legislatively delegate responsibility for policy decisions to the agencies and respond with explicit amendments when the courts get the interpretation wrong. They are completely capable of this in a technical sense and it is how it works in basically every other modern democracy.

[Tyrath]

Oh thank god we have a functioning Congress so this won't be an issue at all.

[Kaslo]

Expecting Congress to legislate every administrative issue the agencies have dealt with for 40 years is impossible. Even a 100% functional and active Congress could never move with the alacrity and expertise as professional agency administrators. The end of Chevron is paralyzing.

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Except that's not the same thing... Agencies will still interpret and make rules and adjudications. This just changes the standard of review agency decisions get when applying the agency's interpretation of its organic act.

[Zealot]

Except that's not the same thing... Agencies will still interpret and make rules and adjudications. This just changes the standard of review agency decisions get when applying the agency's interpretation of its organic act.

If I don't like a regulation or agency decision, what's to stop me from starting a business specifically to challenge it and then forum shopping to get it struck down?

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