The downfall of Chevron deference could completely change the ways courts review net neutrality, according to Bloomberg Intelligence’s Matt Schettenhelm. “The FCC’s 2024 effort to reinstitute federal broadband regulation is the latest chapter in a long-running regulatory saga, yet we think the demise of deference will change its course in a fundamental way,” he wrote in a recent report. “This time, we don’t expect the FCC to prevail in court as it did in 2016.” Schettenhelm estimated an 80 percent chance of the FCC’s newest net neutrality order being blocked or overturned in the absence of Chevron deference.
Federal Trade Commission Chair Lina Khan has made no secret of her ambitions to use the agency’s authority to take bold action to restore competition to digital markets and protect consumers. But with Chevron being overturned amid a broader movement undermining agency authority without clear direction from Congress, Schettenhelm said, “it’s about the worst possible time for the FTC to be claiming novel rulemaking power to address unfair competition issues in a way that it never has before.”
Khan’s methods have drawn intense criticism from the business community, most recently with the agency’s labor-friendly rulemaking banning noncompete agreements in employment contracts. That action relies on the FTC’s interpretation of its authority to allow it to take action in this area — the kind of thing that brings up questions about agency deference.
I’m not an American but my impression is the Supreme Court is mainly designed as a last bulwark to ensure the US never under any circumstances ever does anything remotely good and this isn’t exactly improving that impression.
It’s simply an institution meant to interpret laws and their legality. All of that goes out the window when the people in said institution are politically charged, corrupt, or make bad arguments.
Corrupt doesn’t even begin to describe it these days. They ruled recently that they are legally allowed to accept bribes, so long as the bribe comes after the decision is made.
The laws of the United States of America are literally for sale by conservative judges. This breach of justice is actively dismantling a cornerstone of our countries successful history.
Oh, the irony, that the “conservative” party is the one radically destroying the highest court in America. Their supporters can wave all the flags they want this week, but what they represent is actively destroying this country.
It’s FOR the people BY the people, not for the highest bidder. at least, that’s how it used to be before Trump’s presidency.
You said “or” there when really it should be “and”
Considering the context, I took it as an inclusive or.
For some justices, I agree. However, as a general principle, I think of the vast majority of “bad people” as incompetent rather than malicious unless there’s proof of guilt. I don’t know enough about all 9 justices to comfortably say they’re evil or corrupt.
It’s not about “bad people” or incompetence. It’s about fundamentally violent and corrupt systems of controlling humanity and destroying the planet for personal gain…
This rube goldberg system of injustice was literally invented by slavers.
Ironic considering everything they’re “overturning” is former Supreme Court rulings that granted all these rights.
To be consistently evil you need checks and balances. This is the system at work.
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They interpret the law. And when existing law has bad policy outcomes people get made that 9 unelected lawyers in robes aren’t legislating for us. When the out comes are good people don’t hear about them or forget them.
Ehhhhh you’re kind of ignoring in power/out of power dynamics here and the overwhelmingly conservative slant they’ve adopted the last few years.
They are, but also they are ¯\_(ツ)_/¯
The truth is the winners have already won, and no one else ever will. They do not intend to make the American Dream obtainable for anyone but Those Approved.
It’s a big club. You aren’t in it. I’m not in it. everyone you or I know isn’t in it. You know when your in it, because you benefit from this. If you will likely lose benefits, like all of us will, you aren’t in the club.
How do you fight those in power uninterested in giving up that power?
You take it from them.
I miss you George Carlin.
The truth is the winners have already won
this. it’s all a big game and there are only winners and losers. good and evil are just ideas. if you believe in something, you go for the throat to make it reality. otherwise, you’re just a loser on the internet bitching about it. more of you need to wake up to this fact.
No one wants to be the vanguard
then we need to keep encouraging chaotic good as an option until we are all ready to do something.
Aight lmk when we’re “all” ready I guess and I’ll go right after you. /s
all you gotta do is just support a radical by-any-means-necessary approach and be vocal about it until it reaches critical mass.
The first time I saw a headline about this, just saying that the Supreme Court overturned “the Chevron doctrine” my initial thought was that I have no idea wtf they did but if the votes went 6-3 I know it can’t be anything good.
Much to my consternation I appear to have been right.
I’ve known this was coming for years. Once Goursich was added it was known to those watching the courts exactly what would happen.
Before one of the hosts did the typical “become an unwanted sexual advance asshole” like everyone seems to become after they gain some fame, Opening Arguments podcast was a great way to learn about how depressing our future will be.
It’s absolutely fucking disgusting that no matter what the outcome SHOULD be, you can almost always call how this court will go simply by asking “what benefits the ultra wealthy and what have conservatives wanted forever?”
Yup, that Open Args deep dive into chevron deference was an eye opener and called this one years ago. Sucks AT turned out to be That Guy.
Ever find a good OA replacement ?
Sadly I did not, but I also just stopped seeking that kind of information after Biden won. I needed a break from the madness. Lol
I think I still need to back away to be honest… Being surrounded by MAGA and having two spiders fighting over a cockroach where my memory should be, any time I try to utilize what I’ve learned I just get shit all over by the firehouse of fox news b.s and the inability to remember things to refute it. I’m doing everyone a giant disservice by being another example of “a stupid liberal who has no idea what’s going on.”
Don’t be so hard on yourself! Thanks for the answer.
Listening to OA sometimes made me feel bad. Being a “reality junkie” is a slippery slope to what is now called being “blackpilled”. Hope you can feel better soon.
Never listened to OA, but Strict Scrutiny is one I listen to for Supreme Court news and analysis.
Looks perfect thank you
My perspective having known about Chevron before Friday is that while this is a big development for admin law people seem to be overstating the impact it will likely have. Agencies like the EPA, FDA, etc can still make rules as before now courts just have to judge arguments on interpretation impartially, like they did before the SCOTUS made the doctrine in the 80s aiding Reagan. The SCOTUS hasn’t even applied it since 2016.
Exactly! Time to make the SC bigger, so you have to bribe more than 3 or 4 or 6 to get your anti-people policy pushed through…
Trump would add 10 more. Its not enough
Some thing needs to keep the court in check and remove the bad apples.
It’s called Congress. Too bad they are made up of spineless, greedy pieces of shit to do anything about any of this.
This is why the right came for Chevron, they can buy Congress. Much harder to buy a whole agency.
the american people are just as spineless. anybody could open up a few seats. all it takes is a little patience and planning. those of you waiting on a corrupt system to fix itself are the biggest dipshits on the planet.
What’s the suggestion here?
do something or accept your dystopia
Frank Castle stuff methinks
mass protests, riots, a god damn revolution. But Americans are pansies and won’t do that. The common excuse of “but I have bills to pay, I have a job to go to, I can’t go riot/protest/revolt”
Cause I’m sure all the people who have taken part in all the successful revolutions in all of history their first concern was “but I gotta pay my rent”. It’s a death by a thousand cuts. the powers that be KNOW americans are pissed off and they also KNOW americans won’t do anything about it, by design. all it takes is a revolution, but Americans won’t do that, they’re too afraid.
Every judge is a bad apple. Just fossilized cultists in robes judging everybody else.
Grow up.
Dont americans always claim that is why they have the 2nd amendment?
This sucks ass. It’s hard to not become blackpilled from Friday’s rulings.
Is there a word to be People’s Will pilled? Cause that’s where I’m heading.
Personally, I take comfort that the executive will be weakened as it looks more and more likely that we’re about to have a wannabe dictator coming to office.
It’ll only be weak for the presidents they don’t like
the us will be a true shithole in about a decade.
the us will be a true shithole in about a decade.
Will be?
I haven’t had any interest in visiting the place since Bush was president.
And tou don’t even have Putin. If you need one, you can get one for free if you choose pickup. Also you might consider Boris “parlament is not place for discussion” Grizlov.
The illusion of democracy has entirely worn off. When are we taking to the streets with guns?
don’t take to the streets. take to the dark web. be smart. don’t be a mob. know which targets bring the most results. clandestine and precise. once upon a time, we had very smart people at the helm of the internet. i fear those people don’t exist any more.
That takes an amount of cunning and resources that few people have. I think most people with the ability to do that benefit from the current status quo.
When are we taking to the streets with guns?
After we disarm the extremely weaponized cops, military, etc… And we don’t even need guns.
lol. you’ll just legislate the revolution, amirite?
We need guns because we’ll never disarm the state’s goons.
Democracy isn’t when appointed officials always side with other appointed officials.
It’s when appointed officials side with the people, and the people are educated and thoughtful.
Or so I’m told. I’ve never actually seen one. It’s like a unicorn.
They say so many things about magical place called European Union, where all unicorns live.
As the saying goes, “Democracy is the worst form of government, except for all the others.”
These are hugely unpopular moves from the supreme court.
I feel like I’m living in the prequel to The Handmaid’s Tale
It totally makes sense to have a bunch of elected non experts go through the minutae of federal departments and how to implement policy. /s
Think you meant non elected.
But the point is that policy decisions aren’t to be made by courts or agencies. They are to be made by an elected legislature, informed by the Congregational Research Services. To ensure the separation of powers.
Then the Executive agencies are to be tasked with enforce of the law. And if conflict should arise in the understanding of the law the judiciary is to interpret the law. And while judges are not experts in everything they are the experts in statutory interpretation.
It’s a great narrative that happens to justify a power grab by the judicial branch; probably the least democratic of the three branches.
It absolutely the least democratic, they aren’t representatives they’re judges. They side with the laws enacted by the people, not the people. And all federal judges are appointed.
That power has been with the judicial branch for 180+ years before it was given by the Court to the agency in the 80s to prop up a Reagan interpretation of the Clean Air Act.
They side with the laws enacted by the people, not the people. And all federal judges are appointed.
This doesn’t seem to be working as intended. We have “originalists” who turn that concept on it’s head and are explicitly a political project.
But both sides are the same.
God damn it, i wish Clinton had won so bad. It would be the exact opposite and corporations wouldn’t be getting this free reign. Fuck.
I wish Gore had won, every other headline wouldn’t be about the impending climate doom and what we’re not doing to stop it
Oh wait, he DID win and the fucking court stole it
Don’t forget that 3 of the current justices (Barrett, roberts, kavanaugh) were on bush’s legal team in 2000 Bush vs Gore
FL would’ve been a landslide and the courts wouldn’t have even been asked if the greens voted for Gore.
TBH with how Obama treated Netanyahu versus Trump admin backing single state solution: I bet the war on the Gaza Strip wouldn’t be happening, either. Not at the same scale, at least.
Clinton is super pro-corporate, what are you on about? She was unelectable and never should’ve run, she’s directly responsible for Trump.
You think she would have nominated people like kagan or people like gorsuch? Did you see how these votes went down partisan lines? I see for your other responses to me that reality ain’t necessarily your thing, but just try to think about this rationally for a second.
That being said, if sanders had won the wh, his choices would have likely been even better.
God damn it, i wish Clinton had won so bad. It would be the exact opposite and corporations wouldn’t be getting this free reign. Fuck. \s
FTFY.
Literally all of these have been a long ideological lines. Do you really think she would have appointed conservatives? Are "muh both sides"ers really this out of touch with reality?
They become less “supreme” with every decision anymore
That just means they come with sour cream and tomatoes
And beans. Lots of fetid sour beans
United enShittification of America
United enShittified States of America
What does stare decisis mean? Asking for 6 justices.
I think it means something similar to YOLO.
It’s a new kind of sandwich you take a couple bites out of them throw it away in front of homeless people.
the stock market likes it
Are there any of the rules being weakened that are pro-company/anti-consumer/anti-worker? Not all government rules help people.
Like did OCSH decide I cannot sue my employer, but now I can type shit? I figure the only want to fix this is to hurt Harlan Crow with it.
Are there any of the rules being weakened that are pro-company/anti-consumer/anti-worker?
lmao
Yeah…
