you know how we’ve all been complaining about “terrible policy by corrupt, unaccountable wizards in robes”? this now applies that, on steroids, to every regulation enacted by every agency
one of the biggest judicial powers grabs since marbury v madison itself
quick question, should we leave decisions about the safety of toxic chemicals to professional experts or should we leave it to reed o’connor in texas, who has probably never taken a chemistry class
the answer may (not) surprise you
Roberts, overruling Chevron with incredible and unearned hubris: "Perhaps most fundamentally, Chevron’s presumption is misguided because agencies have no special competence in resolving statutory ambiguities. Courts do."
the thing with this decision is that if we had a functional legislature it wouldn’t do as much damage, because it could just clarify an ambiguous regulation if a judge interpreted it incorrectly
but we don’t, and roberts knows we don’t, and we won’t anytime soon (or ever)
No, a functional legislature would never be able to understand nuance in a field that is highly technical. That is essentially what this ruling is demanding.
it's contrary to the entire way that Congress and the exec agencies are structured. Every Congress member's staff cover 5+ issues. Every agency staffer goes deep.
Yeah. As someone who used to be an expert at a chemicals plant, this is always my example to libertarians of why we need regulations. Even when well regulated, I have so many stories. We are about to enter an era of ppl getting disabled/sick/killed by everyday purchases.
"We the court find that 49% chrysotile asbestos in a material would not make it asbestos-containing, as it's mostly other stuff. The previous standard of 1%, in our expert opinion, is too strict."
Sad thing is it's not going to hit hard with most Americans because admin law is too esoteric to understand in practice. People get the effects of now you can't have an abortion much more readily than the consequences of courts not having to defer to the statutory interpretation of federal agencies.
I’m old enough to remember when Republicans would go on every interview show and whine about “activist judges” who they said “legislated from the bench”.
Now they have a SCOTUS supermajority they’re apparently fine with a judicial veto of the legislative branch.