Court ruling on whether courts should have more power. There goes checks and balances
this post was submitted on 24 Jan 2024
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Don't forget, that SCOTUS also gave themselves the right of judicial review out of thin air.
Isn't the line "John Marshall has made his decision, now let him enforce it"? The Executive Branch is literally the enforcement arm of the Federal Government. I think they kinda have the upper hand vs. the Judicial Branch.
Just make a decision and enforce it. Let the Judicial Branch tie itself in knots worrying about it.
Chevron deference is absolutely critical for a functioning government in the modern era, which is precisely why the republicans hate it
Fun fact: Chevron deference emerged from the Reagan era conservative movement, and was originally used to justify giving federal agencies leeway to waive regulations as part of the Reaganite push for freer markets.
Neil Gorsuch's mom ran the EPA during this time and was part of this Chevron deference-enablef deregulatory push.
The reason why conservatives shifted on Chevron is because they no longer believe in governance and aren’t willing to pretend. They used to pretend they cared about governing. Now they acknowledge they only care about outcomes in the end justify the means sense
Headline is NOT about Chevron the company, but Chevron the legal decision.
Shit title
Well, the legal paradigm is called 'Chevron deference'.
The percentage of the United States population, who have a working understanding of the Supreme Court decision Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. Is pretty small.
People should explain what’s going on
It's originally about Chevron the company lol. The original Supreme Court case that set the modern precedent was Chevron (the company) vs. Natural Resources Defense Council. That case allowed the EPA to do things like determine safe levels for things like lead in water, particulate matter in air, etc. without explicitly having a whole ass court argument over each and every number that they wanted to set.
Overturning the original Chevron case will literally dismantle the entire regulatory process in the United States.
There is room to overhaul Chevron, reducing the degree of deference, without completely reversing it. Chevron isn't particularly great law when it comes to a corrupt or incompetent eexecutive agency like Ajit Pai's FCC.
You may wish to fix your typo: Chevron v. Natural Resources Defense Council - Natural not National
https://en.wikipedia.org/wiki/Chevron_U.S.A.%2C_Inc._v._Natural_Resources_Defense_Council%2C_Inc.
I almost think that this might be for the best if Trump gets in.
You think the courts won't let him do whatever he wants?
I think it would be very difficult for them to put Chevron back in place after getting rid of it.
Right, but without Chevron, it just means the federal agencies have to go to court to make changes. All of which cases will be filed in the Fifth Circuit and rubber stamped, I'm sure. I think overturning Chevron would be a mild inconvenience for a second Trump presidency.
I don't know about that. Even rubber stamp courts have dockets they have to get through, so anything Trump wants to happen could take months and he doesn't like it when things take months.
That's very true
Courts can re-arrange dockets as they see fit. They don't have to handle them on a first come, first serve basis. A rubber stamp court could and would absolutely prioritize anything that Trump wants prioritized if he gets back into office.