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The Supreme Court just blew up four decades of precedent today, in a decision that will make it harder for executive agencies to protect the environment, public health, worker safety and more. www.axios.com/2024/06/28/s...
Supreme Court guts agency power in seismic Chevron rulingwww.axios.com The ruling on the doctrine will weaken the impact of statues for a wide array policy areas.
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This will create utter chaos in the courts, as no one knows what the rules are now. There are more than 100 federal court decisions based on the 1984 Chevron v NRDC precedent SCOTUS just overturned. It's the most cited case in the whole field of administrative law.
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On the “bright” side, they’re going to hate so much what they’re going to get from the Ninth Circuit that they’ll find a way to bring it back. Source: me, a lawyer in the Ninth Circuit willing to work on contingency with a lot of strange specialties.
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They have just made the Plaintiffs’ Bar into the de facto regulators of America. Get ready for the return of “tort reform”.
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If we're gonna be governed by 27 people who graduated from Harvard and Yale last year, the least we can do is give them work.
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I’d love to hear more. This sounds like the type of nuts and bolts of government that is important, fascinating to me, and doesn’t get talked about enough.
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I'm referencing Supreme Court clerks. The opinions are written by clerks, and then the justice picks the one they're willing to put their name on. Clerks are usually recent grads from Harvard or Yale; next year is an exception because 2 Notre Dame profs are going there for a year for some reason.
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In Meg Ryan voice from When Harry Met Sally - “It’s because of God”
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I always figured they would never really do it because at least a couple of the cons would have enough sense to realize what they’ve unleashed but nope lol. Maybe you’ll get your name on the case that is to Chevron as Rahimi is to Bruen.
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Yes I’ve given them way too much credit Barrett gonna be out here complaining that the lower courts misunderstood their clear direction for decades
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This is what I want my Retirement Don Arc to be
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seriously, though are you even sure that "administrative law" is even a thing anymore?
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I watched a law firm's lunch and learn on Chevron last week. They were pretty stoked about the chance at overturning. "Lot's of opportunities on the litigation front!"
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This sounds like "there were > 100 tables built on these legs, and legs no longer exist so the tables need to be rebuilt". Is that close?
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My company has already spent time and money figuring out how to comply with new SEC rules that we have no idea whether they will be upheld or tossed. It’s always a risk (esp with the 5cir), but this also puts a whole range of previously settled rules up for grabs.
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It is very infuriating how activist the conservative majority is. I wonder how many gifts Harlen Crow gave to Clarence Thomas to help shape this ruling?
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I'm not a lawyer, but my first impression was that the Chevron overturn will lead to no end of litigation. The bad news is that in the southern circuits, the the environmental good guys will lose a lot of those actions — but in California, etc., we will prevail. In any case, this SCOTUS sucks.
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They said existing decisions will stand.
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Only in their current form or is this a 1 in 2 out kinda bullshit policy?
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And Chevron was based on traditions that go back to the founding of the FDA in 1906