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Yo_Mama_Been_Loggin

(112,790 posts)
Sun Jun 30, 2024, 07:20 PM Jun 30

You probably missed this Supreme Court decision. It will change how government works.

On Friday, the U.S. Supreme Court decided a seemingly innocuous case about fishing vessels that will reshape how our federal government balances power and is one of the most important steps in forcing Congress to become legislators again.

The new precedent set by the Loper Bright Enterprises v. Raimondo decision overturns one set by Chevron v. Natural Resources Defense Council, a 1984 ruling that courts must defer to executive agencies’ interpretations of ambiguities in the law, so long as that interpretation is “reasonable.”

In this case, the National Marine Fisheries Service required a group of commercial fishermen to pay the wages of monitoring programs to ensure they were complying with conservation laws. The original statute did not specify that the wages must be paid by the government, so the government handed the fishermen an estimated cost of $710 per day. Friday's decision sends the fee issue back to the lower courts.

The precedent allowed executive agencies to wildly reinterpret laws in the case of any congressional ambiguity at the whim of whoever was in the White House.

https://www.yahoo.com/news/probably-missed-supreme-court-decision-090953848.html

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CincyDem

(6,846 posts)
1. And you can be sure that Kazmarek will begin wielding his newfound expertise on all things starting tomorrow morning.
Sun Jun 30, 2024, 07:25 PM
Jun 30

walkingman

(8,111 posts)
4. Not just Kazmarek but all nutjob judges in the 5th and 11th circuit. The most conservative
Sun Jun 30, 2024, 07:40 PM
Jun 30

circuits in America.

5th (Alito) - Texas, Louisiana, Mississippi
11th (Thomas) - Florida, Georgia, Alabama

Silent Type

(5,577 posts)
3. Of course, if trump or some other GOPer Mfer tries to use administrative action against Democratic ideals, it will be
Sun Jun 30, 2024, 07:33 PM
Jun 30

nice to have access to Court vs. an Administrative Law Judge worried about his job.

This kind of stuff works both ways

dpibel

(3,104 posts)
5. With respect
Sun Jun 30, 2024, 08:30 PM
Jun 30

You are a poster with whom I nearly always agree.

But this piece is from a writer who believes that overturning Chevron is a good thing.

While the court will undoubtedly be most remembered as the one that killed Roe v. Wade, I will remember it as the one that killed the administrative state. This isn't the be-all and end-all for congressional dysfunction, but it remains a significant step in the right direction.


And I'm not aware of anyone on this side of the political aisle who thinks Loper Bright is a good thing.

The whole idea of it, after all, is to paralyze the EPA and other agencies that bother the right.
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