Stephen FoskettAs if repealing #NetNeutrality wasn’t bad enough they relied on #LoperBright to do it. This is the first major case undermined by the Supreme Court’s right-wing overturning of Chevron and it won’t be the last. No federal rule is safe.
Mad BSo the psycho #supremeCourt threw out the executive branch as enactor of laws with #LoperBright when they destroyed the #ChevronDoctrine
Here's a long article about places that the shipping industry will now start grinding bone against bone in the court system without that executive cartilage https://gard.no/articles/us-supreme-courts-decision-in-loper-bright-a-sea-change-for-us-maritime/
Like: the #jonesAct requires ships that go from one USA port to another be USA owned and USA built. How much foreign repair and foreign components makes a ship foreign? What percentage of what ownership structure makes a ship foreign-owned? There were answers for that once
US Supreme Court’s decision in Loper Bright a sea change for US maritime sector
As the old adage goes, you cannot change the direction of the wind, but you can adjust your sails to reach your destination. This may prove more poignant than ever as the US Supreme Court just issued an opinion that signals a sea change for the maritime sector.
Andrew LeaheyApropos of nothing, but I woke up with it in my head: the conservative project of flooding the courts at all levels with their appointees and then overturning #Chevron via #LoperBright is going to do damage we won't see undone in most of our lifetimes.
The far right is excellent at slow boil projects, like a nutjob that knows how to order the component parts for a bomb without setting off any alarm bells.
Dimitri DhuyvetterSCOTUS completes the biggest power grab in modern US history;
What balance of power? by Lisa Needham https://open.substack.com/pub/aaronrupar/p/scotus-loper-bright-chevron-jarkesy-explained #SCOTUS #SCOTUSIsCorrupt #SCOTUSIsCompromised #illiberal #illiberalDemocracy #USpol #USpolitics #LoperBright #ChevronDeference #Jarkesy
What balance of power? by Lisa Needham https://open.substack.com/pub/aaronrupar/p/scotus-loper-bright-chevron-jarkesy-explained #SCOTUS #SCOTUSIsCorrupt #SCOTUSIsCompromised #illiberal #illiberalDemocracy #USpol #USpolitics #LoperBright #ChevronDeference #Jarkesy
BobDevneyAgreed! This latest Supreme Court coup is destined to be criminally under-discussed in current mainstream media.
But Loper Bright will have a longer tail than even Citizens United. (Think instead of, say, Dred Scott.)
Mentioned for years (decades?) in each discussion of succeeding Supremo diktats, every overwhelming corporate atrocity — and hopeless responding lawsuit.
The Wild Hunt News[Editorial] The Supreme Court overturned the long-standing doctrine of Chevron Deference this morning, which will drastically lessen the power of federal agencies to protect the environment and consumers. Weekend Editor Eric O. Scott surveys the wreckage.
#SCOTUS #LoperBright #climatechange #herring #pagan #environment #EPA
Editorial: The end of "Chevron Deference" is a crime against the planet
The Supreme Court overturned the long-standing doctrine of Chevron Deference this morning, which will drastically lessen the power of federal agencies to protect the environment and consumers. Weekend Editor Eric O. Scott surveys the wreckage.
CheriSwears
Chuck DarwinMeanwhile, a second case could give the federal courts—and, by extension, the Supreme Court—far greater influence over how agencies draft and revise new regulations.
Loper Bright Enterprises v. Raimondo involves a challenge to a fishery-management rule for Atlantic herring.
The rule required fishing boats to host observers at the industry’s expense to monitor the herring population. While the observers aren’t unusual, Loper Bright challenged the legality of requiring the industry to pay for them.
The lower courts dismissed the company’s challenge by invoking the Chevron doctrine. That doctrine, which dates back to a 1984 case involving the oil company, instructs courts to defer to an agency’s interpretation of a statute if it is based on a “permissible construction” of that statute.
If the statute explicitly says an agency can do something or can’t do something, then the answer is fairly clear. If a statute is “silent or ambiguous” on something, then the agency gets some leeway to act.
The Chevron doctrine is a central feature of modern administrative law. Its defenders have justified it as a necessary act of judicial humility: 👉 If there are disputes about an agency’s power to do something, the Chevron doctrine means they will be resolved by the democratic process, through Congress’s power to write and amend statutes and a president’s power to order the agency to do something different.
Among the more notable voices in favor of this approach was Justice Antonin Scalia, who previously described Chevron as a preferable alternative to judicial adventurism.
#LoperBright #ChevronDoctrine
https://newrepublic.com/article/175899/supreme-court-watch-chevron-deference
