4 ms·

Sure, but FTC was authorized by congress (FTC Act 1914) to "prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting comm

Sure, but FTC was authorized by congress (FTC Act 1914) to "prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce" which seems pretty cut and dried? I may be missing something, this just feels pretty reasonable.

ixwt 3y ago
You're missing the fact that the current Supreme Court has been doing everything they can to kill Chevron Deference.
- cogman10 3y ago
  Yup, this is very much the key to why I think this will be killed. This supreme court is very much on track to eliminate any authority federal agencies have that aren't explicitly written into law. Effectively destroying federal agencies ability to make rules.
  - iamthirsty 3y ago
    > This supreme court is very much on track to eliminate any authority federal agencies have that aren't explicitly written into law. Effectively destroying federal agencies ability to make rules. Very dramatic. Really, it's a reaction to Federal Agencies — unelected governmental representatives — unilaterally making their own rules out of the gray areas.
    - deleted 3y ago
      [deleted]
    - runako 3y ago
      > it's a reaction to Federal Agencies — unelected governmental representatives — unilaterally making their own rules out of the gray areas. Eliminating Chevron will trade "unelected governmental representatives" who work at Federal Agencies like the FTC with "unelected governmental representatives" who are work for Federal Agencies that are the US Courts. Progress?
      - cryptonector 3y ago
        > Eliminating Chevron will trade "unelected governmental representatives" who work at e.g. the FTC with "unelected governmental representatives" who are paid by the US Court system. Progress? Where do you get that from? Reversing Chevron will mean that Congress will have to work harder to get the regulations that it and the Executive want. If Congress were not disfunctional that would be a very good thing. And heck, reversing Chevron might well function to help Congress function more normally.
        runako 3y ago
        Congress won’t instantly have written laws to cover every regulation currently enforced by the federal government. Reasonably, it could take many years for those gaps to get filled. In the meanwhile, that means the courts are the key decision makers for large areas of government policy.
        macintux 3y ago
        Republicans originally celebrated Chevron because it took regulations out of the courts' hands.
        cryptonector 3y ago
        Did they? I wasn't there. But a reversal of Chevron doesn't necessarily mean that the courts get to do what they like. It may mean that the courts simply get to gut the bureaucratic state and kick the can to Congress -- that what's not forbidden by statute is allowed rather than that the courts act as regulators. There will be lower courts who will want to push their role as regulators, but the SCOTUS seems uninterested in playing that game given its "major questions" doctrine. It would be very strange for the court to create the major questions doctrine then impanel itself as the ultimate regulator.
        macintux 3y ago
        Someone has to fill in the multitude of gaps that exist between a law and its enforcement. Chevron moved much of that decision-making authority out of the court system into the executive branch. Even a fully-functional representative body can't write laws that are explicit enough to cover every possibility. And the U.S. Congress is far from functional.
    - ixwt 3y ago
      Which is what Congress created them to do. And they are appointed, which the appointers are elected. In essence, they are elected, through the elected representatives which themselves are elected. This is like saying that the US President is an unelected governmental representative. The population actually votes on a Representative for the Electoral College (EC). The Representatives in the EC then vote for President and Vice President. And yes, the EC Representatives are voted for because they say they will vote for a particular candidate (and as we figured out in 2012, many states have laws penalizing EC Representatives who don't vote how they committed to).
      - iamthirsty 3y ago
        > This is like saying that the US President is an unelected governmental representative No, that's not how that works, ironically because in the name — Electoral College — the President is, elected. Regardless by the populous or not. Appointees are politically chosen, yes by a representative, but usually with major political leanings built into the rules they make, with little to no oversight.
  - cryptonector 3y ago
    The SCOTUS had its "federalism revolution" in the 90s, and it ended in the Raich case when Scalia decided that leaving drug policy to the States was too much. Under current precedents all the State decriminalization of marijuana and other drugs that we've seen are all unconstitutional. It was the liberal justices + Scalia who made it so. Those State laws decriminalizing various drugs are being tolerated by the feds -- for now. The federalism revolution and its opposite both cut both ways. On the whole I would prefer that the court resume its federalist revolution, even though some results I wouldn't like.

ixwt 3y ago

You're missing the fact that the current Supreme Court has been doing everything they can to kill Chevron Deference.

cogman10 3y ago
Yup, this is very much the key to why I think this will be killed. This supreme court is very much on track to eliminate any authority federal agencies have that aren't explicitly written into law. Effectively destroying federal agencies ability to make rules.
- iamthirsty 3y ago
  > This supreme court is very much on track to eliminate any authority federal agencies have that aren't explicitly written into law. Effectively destroying federal agencies ability to make rules. Very dramatic. Really, it's a reaction to Federal Agencies — unelected governmental representatives — unilaterally making their own rules out of the gray areas.
  - deleted 3y ago
    [deleted]
  - runako 3y ago
    > it's a reaction to Federal Agencies — unelected governmental representatives — unilaterally making their own rules out of the gray areas. Eliminating Chevron will trade "unelected governmental representatives" who work at Federal Agencies like the FTC with "unelected governmental representatives" who are work for Federal Agencies that are the US Courts. Progress?
    - cryptonector 3y ago
      > Eliminating Chevron will trade "unelected governmental representatives" who work at e.g. the FTC with "unelected governmental representatives" who are paid by the US Court system. Progress? Where do you get that from? Reversing Chevron will mean that Congress will have to work harder to get the regulations that it and the Executive want. If Congress were not disfunctional that would be a very good thing. And heck, reversing Chevron might well function to help Congress function more normally.
      - runako 3y ago
        Congress won’t instantly have written laws to cover every regulation currently enforced by the federal government. Reasonably, it could take many years for those gaps to get filled. In the meanwhile, that means the courts are the key decision makers for large areas of government policy.
      - macintux 3y ago
        Republicans originally celebrated Chevron because it took regulations out of the courts' hands.
        cryptonector 3y ago
        Did they? I wasn't there. But a reversal of Chevron doesn't necessarily mean that the courts get to do what they like. It may mean that the courts simply get to gut the bureaucratic state and kick the can to Congress -- that what's not forbidden by statute is allowed rather than that the courts act as regulators. There will be lower courts who will want to push their role as regulators, but the SCOTUS seems uninterested in playing that game given its "major questions" doctrine. It would be very strange for the court to create the major questions doctrine then impanel itself as the ultimate regulator.
        macintux 3y ago
        Someone has to fill in the multitude of gaps that exist between a law and its enforcement. Chevron moved much of that decision-making authority out of the court system into the executive branch. Even a fully-functional representative body can't write laws that are explicit enough to cover every possibility. And the U.S. Congress is far from functional.
  - ixwt 3y ago
    Which is what Congress created them to do. And they are appointed, which the appointers are elected. In essence, they are elected, through the elected representatives which themselves are elected. This is like saying that the US President is an unelected governmental representative. The population actually votes on a Representative for the Electoral College (EC). The Representatives in the EC then vote for President and Vice President. And yes, the EC Representatives are voted for because they say they will vote for a particular candidate (and as we figured out in 2012, many states have laws penalizing EC Representatives who don't vote how they committed to).
    - iamthirsty 3y ago
      > This is like saying that the US President is an unelected governmental representative No, that's not how that works, ironically because in the name — Electoral College — the President is, elected. Regardless by the populous or not. Appointees are politically chosen, yes by a representative, but usually with major political leanings built into the rules they make, with little to no oversight.
- cryptonector 3y ago
  The SCOTUS had its "federalism revolution" in the 90s, and it ended in the Raich case when Scalia decided that leaving drug policy to the States was too much. Under current precedents all the State decriminalization of marijuana and other drugs that we've seen are all unconstitutional. It was the liberal justices + Scalia who made it so. Those State laws decriminalizing various drugs are being tolerated by the feds -- for now. The federalism revolution and its opposite both cut both ways. On the whole I would prefer that the court resume its federalist revolution, even though some results I wouldn't like.