Business and conservative interest groups that want to limit the power of federal regulators think they have a winner in the Atlantic herring and the boats that sweep the modest fish into their holds by the millions.
The 1984 decision in the case known colloquially as Chevron states that when laws aren’t crystal clear federal agencies should be allowed to fill in the details.
Supporters of limited government have for years had their sights set on the decision, which they say gives power that should be wielded by judges to experts who work for the government.
“If you’re deferring to the agency’s interpretation of the law, you’re allowing the agency to be a judge in its own case,” said Mark Chenoweth, president of the New Civil Liberties Alliance, which is representing fishermen based in Rhode Island. A second case, involving boats based in Cape May, New Jersey, is also being argued Wednesday.
The alliance, funded by conservative donors including the Koch network, says it’s “committed to cutting the administrative state down to size.”
The alliance, funded by conservative donors including the Koch network, says it’s “committed to cutting the administrative state down to size.”
Anytime you see the name Koch mentioned you know America is in trouble …
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It’s best not to think of the US as “in trouble” so much as it is a corpse having its organs, fluids, and bones removed by people like the Kochs for quick sale.
The US as a society died and was beyond hope for self repair before the first Gen Z was even born. This is just leftover momentum and the fire sale.
The only “hope” is that whatever replaces this failed experiment is of the fed up people’s design, and not exploitation engine 2.0 by the oligarch class that bastardized and doomed this one.
Nothing can improve under the current constitutional framework. Too far captured, too far owned, too far propagandized, too compromised to operate as anything more than the entrenched power apparatus of the owner class.
I feel your cynicism. It definitely expresses how I feel much of the time.
But I remind myself, the US can’t really be dead, because it is merely the amalgamated expression of hundreds of millions of people’s desires and goals.
If, magically, we all decided that we won’t stand for regulatory capture, or people going bankrupt because they get sick, or the attack on trans people., it could stop in a day. The machine is simply us. We are changeable. And often the way things change (like gay marriage, for example) is that it slowly changes in enough people’s minds that it reaches an inflection point, and all of a sudden (in a few years) the majority agrees and the thing that seemed impossible for centuries becomes commonplace and obvious.So if it seems hopeless at the moment, I get it. But the more we talk about it, the more we get fed up with things as they are, and the more we convince others to feel the same, the closer we are to that inflection point. The only thing that can defeat us fully and finally is not trying, becoming resigned or nihilistic.
The United States is in serious trouble if the Supreme Court buys this argument. Everything from drug approval to environmental protections to consumer financial protections, you name it, could all come crashing down overnight. My hope is that 2-3 of the conservatives (some combination of Roberts, Barrett, and Kavanaugh) aren’t quite crazy enough to allow this, but we’ll see. We already know how Gorsuch, Alito, and Thomas will go.
So the U.S. is in serious trouble then. You’ve seen our illegitimate “Supreme” Court.
… Yes
The same group that wants unlimited, unassailable power for the Executive is concerned that Executive agencies creating policy is overreach.
Why do you assume it is the same group? While both are right wing, they do not seem to be the same people. Those who like this generally (at least in my group of friends) do not support Trump or executive power; those who like Trump don’t care about this at all. Maybe my group of friends is small, but that is what I see.
The insane thing is Chevron deference was the original conservative position. Under the Clean Air Act, factories had been regulated one way, but when Reagan was elected, his EPA switched to a more business (and polluter) friendly interpretation. The National Resources Defense Council sued Chevron and the EPA over it, and Chevron deference was cheated in a unanimous opinion (although 3 justices had to recuse), which said regulators could make any reasonable interpretation of the law.
Another irony: one of the original defendants was Neil Gorsuch’s mother, ego was EPA Administrator at the time.
The future is openly corrupt.
