Implications of The End of Chevron Deference
Implications of The End of Chevron Deference
We're going to (re)discover how unclear some legislation really is. We are going to rediscover that the congressional record often records disagreement over what this or that bill really intends. Statements from multiple Reps and Senators each stating their own version of what this or that bit of language means, with those statements all at odds with each other.
The reality is that Senators, Representatives, and their staff members can be terrible legal-technical writers, often on purpose because they intend for the civil service to figure it out. 40 years of laws written with the assumption that the civil service will figure it out.
And now it's up to the courts to do that instead.
More on reddit.comChevron Deference overruled by the SCOTUS. What could this mean for our State?
Chevron Deference overruled by the SCOTUS. What could this mean for our State?
I saw an excellent analysis that helped a bit with my anxiety about this. It doesn’t immediately kill all current policies or regulations. The decision shifted the adjudication of lawsuits about interpretive policies and regulations from an arbitration judge that’s an expert (or something long those lines) to a jury trial judge. So it moved the power to arbitrate legal disputes about federal regulation to a court of the people. Which on its face…isn’t a good thing in the sense that even with expert witnesses there are many, many people who don’t have the capacity or background to sit for a jury regarding some intensely complex regulations and fields. But it also means it will take death by a thousand cuts and many years to maybe rewind some of the policies that could be impacted by the Chevron reversal.
My hope is that as those litigations kick up and overwhelm the civil courts, people will be reminded why the SC handed that interpretive power to experts in the fields to begin with.
It’s also a wake-up call to our legislators that they canNOT rest their laurels on executive power to make policy. Our congress has been stagnant on making meaningful policies for nearly 20 years and it’s time for them to get their shit together.
More on reddit.comThe Chevron Doctrine was overturned, what does this mean for the NLRB and unions?
The Chevron Doctrine was overturned, what does this mean for the NLRB and unions?
I think it’s time for labor to remember our roots. Our power doesn’t come from a law. Our power comes from our solidarity.
The NLRA was created to channel militant labor into a legal framework. We can always go back to wildcat strikes and dismantling the boss’s house.
If the billionaires want to fuck around they can find out.
More on reddit.comDiscuss: Chevron Deference
Discuss: Chevron Deference
California becomes the defacto regulatory power in America is what happens
all hail cancer warnings
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