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Supreme Court to consider overruling Chevron doctrine

Discussion in 'Too Hot for Swamp Gas' started by Gatorrick22, May 1, 2023.

  1. Gatorrick22

    Gatorrick22 GC Hall of Fame

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    If this is overturned it would greatly curtail neglected officials in agencies from writing laws and legislation. I feel it's long over due. Laws (bills) need to be written by the Congress and then signed into law by the POTUS after the congress passes these bills.

    Agencies are there to police and watch over their selected areas. We cannot have IRS agents, or any agents, writing laws about global worming, or acting like gun control agents. That has to to be done in congress.

    The ambiguous laws are usually the target of these agencies and deference to these agencies in "re-imagining" ambiguous laws already on to books has to change.

    The Supreme Court on Monday announced it will hear a case that could significantly scale back federal agencies’ authority, with major implications for the future of environmental and other regulations.

    Named for the court’s decision in Chevron U.S.A. v. Natural Resources Defense Council, the Chevron deference has become one of the most frequently cited precedents in administrative law since the decision was first handed down in 1984.

    It involves a two-step test: First, judges decide if Congress has in the statute directly spoken to the precise question at issue. If it is ambiguous, courts defer to agencies as long as their actions are based on a “permissible construction.”


    https://thehill.com/regulation/cour...ourt-to-consider-overruling-chevron-doctrine/
     
    Last edited: May 1, 2023
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  2. slocala

    slocala VIP Member

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    How will it stop special interests from writing expansive laws into the USC by the pen stroke signing of members of Congress? Congress has no idea how any of the laws they write actually get administered by the Executive branch. Perhaps all these “negligent” [sic] officials just move over to the Legislative branch to write the law into the Code?
     
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  3. oragator1

    oragator1 Hurricane Hunter Premium Member

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    It will mean important stuff will never get done. Much if the work of government is done by the agencies, demanding that every single action is explicitly spelled out is a recipe for disaster. It will go about as well as the abortion ruling went, probably worse.
    But given Gorsuch has argued against this for years and Roberts has expressed doubts prior, a majority is almost locked in already.
     
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  4. jjgator55

    jjgator55 VIP Member

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    Seems like this would leave it up to Congress to decide if they’re going to listen to the experts on an issue, or the special interest groups that provide campaign contributions.
     
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  5. Gatorrick22

    Gatorrick22 GC Hall of Fame

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    Not really because most of the important laws that these agencies oversee are already written. This possible reversal by the SCOTUS will just keep these agencies from inventing new "laws" by fiat.
     
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  6. wgbgator

    wgbgator Premium Member

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    If you think the country is ungovernable now ...
     
  7. wgbgator

    wgbgator Premium Member

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    Actually what you will get is the judicial branch performing the function of the executive branch because its just going to be suit after suit over how various laws function in practice, supreme court justices deciding how much carbon is legal or how much poison you can ingest without violating a law from 1927.
     
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  8. Gatorrick22

    Gatorrick22 GC Hall of Fame

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    Maybe, but at least these laws will be completely investigated.
     
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  9. philnotfil

    philnotfil GC Hall of Fame

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    The laws are written in very vague ways, the agencies that oversee them need more details. Up until now they have been entrusted with coming up with the details.

    Now congress will have write laws that are much more detailed, like thousands more pages of details, or (more likely) nothing will get done. And the people funding the judges and congress members pushing for this are very happy to pay millions of dollars to get that outcome.

    Why do you think they are willing to spend so many millions of dollars to end the protections that keep Americans safe?
     
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  10. wgbgator

    wgbgator Premium Member

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    By 9 people who have no idea about anything those laws are meant to address? Great idea man!
     
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  11. Gatorrick22

    Gatorrick22 GC Hall of Fame

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    I agree with most of what you said, but I think there are more pressing issues (big picture reasons for this reversal) at stake here with this possible new ruling.
     
  12. Gatorrick22

    Gatorrick22 GC Hall of Fame

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    Maybe these laws get reviewed in the lower courts first. ;)

    Or... maybe these agency "laws" get tossed out... and all of them have to be rewritten.
     
  13. archigator_96

    archigator_96 GC Hall of Fame

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    I think I understand that you are saying government agencies shouldn't be writing "laws" that people or companies have to comply with without going through the congress. How is that different from a president issuing an executive order? I'm truly not that knowledgeable about the legal aspects of either way.
     
  14. WC53

    WC53 GC Hall of Fame

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    Old City
    Politicians pose for pics and fund raise. Clowns mostly don’t even have a global view, let alone an in the weeds knowledge base. So their staffers will have to do it, oh wait, they are politicians in training;)

    the bureaucracy runs things. Shocking, I know
     
  15. sierragator

    sierragator GC Hall of Fame

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    Another longstanding gop wet dream: to get rid of the EPA. Clean air, water, and soil is vastly overrated.
     
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  16. Gatorrick22

    Gatorrick22 GC Hall of Fame

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    Too often these agencies are acting like the legislature with regard to laws that may of may not be ambiguous. And too often these agencies are used much like a POTUS would use their EO powers. I'll bet real money that these agencies are getting their marching orders from their commander-in-chief... whomever that is. That might not be at issue here, but I hope this is a very broad ruling in this particular case.

    Most all of the laws and regulations in these agencies' purview are already written. New laws have to be written by congress, not the POSTS' best friends leading these agencies.
     
  17. philnotfil

    philnotfil GC Hall of Fame

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    Such as?
     
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  18. Gatorrick22

    Gatorrick22 GC Hall of Fame

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    Okay, some of what you posted... the highlighted part.
     
  19. VAg8r1

    VAg8r1 GC Hall of Fame

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    Remove discretion from Executive Branch agencies and expect much more of this:
    You elected them to write new laws. They’re letting corporations do it instead. – Center for Public Integrity
    While the story focuses on state legislatures it also happens at the federal level and if the Chevron doctrine is overturned expect the scenario to occur much more frequently.
     
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  20. philnotfil

    philnotfil GC Hall of Fame

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    Apologies for my lack of clarity in writing :) What are the more pressing issues at stake here?