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They are definitely defying precedent more than any Supreme Court in recent history. The other thing this ignores is judicial bias. One positive of the Chevron
by no_wizard 2y ago
They are definitely defying precedent more than any Supreme Court in recent history.
The other thing this ignores is judicial bias. One positive of the Chevron ruling is that a well scoped agency with a clear agenda and expertise was able to oversee their domain of expertise and enforce rules under the Chevron Doctrine, which means in a well functioning agency (e.g. generally the SEC, FTC) didn’t have to rely on lengthy and often partisan court trials.
If you look at how we handle patents for instance, you have a good taste of what things going to look like going forward. It will completely hamstrung agencies and delay regulation enforcement for years if not decades. Unfortunately judges aren’t without bias and partisanship and this will reflect in the venues that get used for these hearings, like how most patent cases end up in a small Texas court due to how favorable that court is to patent holders.
This is going to be a mess. I don’t foresee judges deferring to agencies to speed up judicial review. I see courts becoming an even bigger partisan battle ground than they already are.
- cogman10 2y ago> They are definitely defying precedent more than any Supreme Court in recent history. Than any court period. No supreme Court has been this bold in overturning precedent. Before this court, the last time that happened was brown v board of education.