Chevron is DEAD
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Poast new message in this thread
Date: June 28th, 2024 10:41 AM Author: crimson know-it-all church fortuitous meteor
Was it anticipated that SCOTUS would do this?
Double edged sword imo- with Trump almost certain to win.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2#47788266) |
Date: June 28th, 2024 10:44 AM Author: Hilarious Abode
damn, between this and the ruling against the SEC's internal courts, this SCOTUS is getting the job done!
i'm still pissed about the first amendment decision though.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2#47788278) |
Date: June 28th, 2024 10:45 AM Author: contagious pink brethren
After determining that a case satisfies the various preconditions we have set for Chevron to apply, a reviewing court must first assess “whether Congress has directly spoken to the precise question at issue.” Id., at 842. If, and only if, congressional intent is “clear,” that is the end of the inquiry. Ibid. But if the court determines that “the statute is silent or ambiguous with respect to the specific issue” at hand, the court must, at Chevron’s second step, defer to the agency’s interpretation if it “is based on a permissible construction of the statute.” Id., at 843. The reviewing courts in each of the cases before us applied Chevron’s framework to resolve in favor of the Government challenges to the same agency rule.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2#47788286) |
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Date: June 28th, 2024 1:29 PM Author: contagious pink brethren
It seems insane but there are probably some people who like living in North Korea. There's gotta be some people who are like life is pretty great here. Kim is the best. I appreciate every day. The government really knows what to do.
What's disturbing about LTM is he fancies himself one of the ruling elites in an oppressive regime. He would get off on being a dictator. Because he feels in his bones he knows better than other people.
The whole point of America is to not have LTM types bossing everybody around. While some people opt into the mind prison most people want to be left alone. This is a win for government leaving people alone. Make America Great Again.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2#47789197) |
Date: June 28th, 2024 12:36 PM Author: Ebony slap-happy french chef sneaky criminal
There were 89,000 federal regs issued from 1995-2016, compared with about 4,300 federal laws.
This is going to lead to a lot of Hawaii judges issuing conflicting opinions about what the law really "means." Maybe that's nbd. We live with circuit splits, etc. in lots of other areas.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2#47788880) |
Date: June 28th, 2024 12:40 PM Author: Khaki toaster headpube
that SEC case might have fucked up my practice. i'm a traditional labor lawyer, and the NLRB prosecutes its own cases where employers are accused of unfair labor practices. i haven't read the decision yet, but i think their ALJs might be no more, and the agency is gonna have to file suit in district court to enforce the law, which it doesn't really have the resources to do, lol.
i was planning on doing this another 10 years, but that might be 5 at this point.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2#47788896) |
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Date: June 28th, 2024 1:39 PM Author: Motley red center pervert
Chevron is overruled. Courts must exercise their independent judgment in deciding whether an agency has acted
within its statutory authority, as the APA requires. Careful
attention to the judgment of the Executive Branch may help
inform that inquiry. And when a particular statute delegates authority to an agency consistent with constitutional
limits, courts must respect the delegation, while ensuring
that the agency acts within it. But courts need not and under the APA may not defer to an agency interpretation of
the law simply because a statute is ambiguous.
Because the D. C. and First Circuits relied on Chevron in
deciding whether to uphold the Rule, their judgments are
vacated, and the cases are remanded for further proceedings consistent with this opinion
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2#47789272) |
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(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2#47791188) |
Date: June 29th, 2024 8:38 AM Author: Swashbuckling Charcoal Indirect Expression
Not going to go point-by-point through this thread, but some retards seems to be saying that it's either a federal deep state or an aggressive judiciary, nothing else.
Needless to say, that is retarded. If the deep state doesn't have a law to point to, it's not the federal judiciary's responsibility to figure it out.
Congress can pass laws or the states can take care of it. You have armed FDA agents rolling up on Amish farmers selling raw milk. It's long overdue to kill the deep state and let individual states regulate themselves.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2#47791626)
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Date: June 29th, 2024 9:29 AM Author: Bateful organic girlfriend
Giving authority back to the individual states may be this court’s greatest legacy.
Its the solution to many of our problems. Let the states be laboratories of democracy again. Those with the most compelling system will attract the best talent.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2#47791715) |
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