Chevron is DEAD
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Poast new message in this thread
Date: June 28th, 2024 10:41 AM
Author: ,.,,.,.,,,,,,.....................
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\u0026mark_id=5310910",#47788266) |
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Date: June 28th, 2024 10:49 AM
Author: ,.,,.,..,..,..,.,..,.,..,.,..,.,.,.,.,..,.
What exactly do you think the RVs and plane trips were for
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2\u0026mark_id=5310910",#47788309) |
Date: June 28th, 2024 10:44 AM
Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
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\u0026mark_id=5310910",#47788278) |
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Date: June 28th, 2024 11:00 AM
Author: .,.,.,.,.,...,.,,.,,.....,.,..,.,,...,.,.,,...,.
here in Salzburg, we don't think that's the case.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2\u0026mark_id=5310910",#47788357) |
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Date: June 28th, 2024 10:54 AM
Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
but a guy who was screwed by that process has no standing to claim that the govt pressured the media platform? he can't even claim that in court and try to convince a judge or jury?
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2\u0026mark_id=5310910",#47788334) |
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Date: June 28th, 2024 11:01 AM
Author: .,.,.,.,.,...,.,,.,,.....,.,..,.,,...,.,.,,...,.
cr. And the Founding Fathers didn't have standing to write the Declaration of Independence.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2\u0026mark_id=5310910",#47788361) |
Date: June 28th, 2024 10:45 AM Author: On lache rien! (retired)
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\u0026mark_id=5310910",#47788286) |
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Date: June 28th, 2024 10:56 AM
Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
the US Senate will be pressured to finally play its role. which is a good thing.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2\u0026mark_id=5310910",#47788343) |
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Date: June 28th, 2024 1:08 PM Author: UhOh
the fact that they deferred to the agency discouraged a ton of appeals. that's the real reason it was done - the courts realized they didn't have the ability to handle all that shit, so they deferred to the agency as long as the interpretation was reasonable, i.e. "don't bother appealing unless the agency interpretation is completely unreasonable." that deterrence is gone now. there are usually several reasonable interpretations of an ambiguous law and the courts just invited everyone to present them.
agree with the guy above that the agencies have to pull back here too because they nor DOJ have unlimited resources to fight all these appeals. they will probably shy away from taking actions based on any statute that isn't crystal clear. which sounds great, but we all know how common ambiguous laws are. the agencies are going to tell the white house we can't do x without clear authorization, the white house will try and get it passed, and congress will be completely fucking useless as always and nothing will get done. which is fine i guess if you don't like safe air travel, food and drugs, waste disposal, etc.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2\u0026mark_id=5310910",#47789055) |
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Date: June 28th, 2024 3:01 PM
Author: ,.,,.,.,,,,,,.....................
I can guarantee you that regulatory and judicial laziness will decide this issue in the long run. Fewer regulations will be made and courts will still defer to them out of laziness, not wanting to encourage appeals.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2\u0026mark_id=5310910",#47789647)
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Date: June 28th, 2024 1:29 PM Author: On lache rien! (retired)
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\u0026mark_id=5310910",#47789197) |
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Date: June 28th, 2024 11:35 AM
Author: ,.,,.,.,,,,,,.....................
Won't Congress just make wholesale enactments of a ton of regulations that are more or less non-controversial? Seems to me that laziness will dictate they do that.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2\u0026mark_id=5310910",#47788561) |
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Date: June 28th, 2024 2:23 PM
Author: ,.,,.,.,,,,,,.....................
Big business needs legal certainty, and there are a lot of regulations that they weren't necessarily fans of originally but have gotten used to, trained their people to deal with etc. I would be surprised if a lot of them didn't just tell their Republican Congressmen to adopt the current regulations.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2\u0026mark_id=5310910",#47789460) |
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Date: June 28th, 2024 11:49 AM
Author: ,.,,,,..,.,.,.,.,.,.,,.,.,....,.,.,.,.,.
hehe
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2\u0026mark_id=5310910",#47788632) |
Date: June 28th, 2024 10:51 AM
Author: ...,,..;...,,..,..,...,,,;..,
180 but where else is benzo going to guzzle gas?
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2\u0026mark_id=5310910",#47788315) |
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Date: June 28th, 2024 12:11 PM
Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
cr.
one of the biggest of the last 25 years.
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2\u0026mark_id=5310910",#47788753) |
Date: June 28th, 2024 12:36 PM Author: Nazca Redlines
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\u0026mark_id=5310910",#47788880) |
Date: June 28th, 2024 12:40 PM Author: Ass Haim
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\u0026mark_id=5310910",#47788896) |
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Date: June 28th, 2024 1:39 PM Author: sealclubber
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\u0026mark_id=5310910",#47789272) |
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Date: June 28th, 2024 4:43 PM
Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
thugs in black robes who hate democracy have ruled that agencies can no longer argue "who cares what Congress said, just let our behavior slide and do."
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2\u0026mark_id=5310910",#47790053)
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Date: June 28th, 2024 10:44 PM
Author: ,,,...,,......,,....,,,,,,,,.......
I got a B- in a cls seminar for saying basically what scotus said on this. lol. Should email the lib lame prof
(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2\u0026mark_id=5310910",#47791043) |
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(http://www.autoadmit.com/thread.php?thread_id=5547021&forum_id=2\u0026mark_id=5310910",#47791188) |
Date: June 29th, 2024 8:38 AM Author: Scott Brownian Motion
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\u0026mark_id=5310910",#47791626)
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Date: June 29th, 2024 9:29 AM Author: Myraiad, Genuine Reasons for Mother Hating
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\u0026mark_id=5310910",#47791715) |
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