3 ms·

What side effects?

curiousllama 2y ago
This basically flips the judicial review logic from "did the regulator act within the scope of the law?" to "are there other ways the regulator could have acted that would also be within the scope of the law? If so, the judge decides which set of actions the regulator must take" I.e., anything Congress does not explicitly state in a law is now determined by federal judges. At the extreme, this is aggrandizing a very wide scope of power to low-level federal judges to essentially ignore congressional intent.
- nimish 2y ago
  The entire purpose of the judiciary is to interpret the law. This is what they are supposed to do. Chevron curtailed this essential power in favor of taking an agency at its word, which is quite a dangerous stance.
  - CuriouslyC 2y ago
    [flagged]
    - Red_Leaves_Flyy 2y ago
      Yeah I’ll have a conversation about the nuances of authority delegation with people who aren’t actively trying to make America a theist state. Separation of church and state is non negotiable requirement for maintaining a civil society.
      - renewiltord 2y ago
        > Separation of church and state is non negotiable requirement for maintaining a civil society. It's obviously negotiable since Christmas is the only religious holiday for the Federal Government.
        lupusreal 2y ago
        You should run for office on a platform of making people go to work on Christmas "because muh constitution." Lmfao get fucked. I am an atheist.
        renewiltord 2y ago
        Haha no. I’m fine with the US being a Christian nation. I just think a lot of people make a big deal about church and state and the two things are the same thing.
  - stfp 2y ago
    Air pollution is dangerously low, it was time to reign in the eco-terrorists at the EPA :|
    - autoexec 2y ago
      Millions of Americans currently don't have clean drinking water. Get ready for that situation to get much much worse.
  - Dylan16807 2y ago
    The agencies still had to act within their bounds, and they have a lot more relevant expertise than effectively-random judges. Plus centralizing it makes things much more clear and consistent. Hell, if we just took regulatory agencies and put judges in charge somehow that would be a lot better than chaos mode.
    - nielsbot 2y ago
      Pretty sure some agencies already have specialist judges assigned to them.. I'm thinking of the NLRB.

What side effects?

This basically flips the judicial review logic from "did the regulator act within the scope of the law?" to "are there other ways the regulator could have acted that would also be within the scope of the law? If so, the judge decides which set of actions the regulator must take" I.e., anything Congress does not explicitly state in a law is now determined by federal judges. At the extreme, this is aggrandizing a very wide scope of power to low-level federal judges to essentially ignore congressional intent.

nimish 2y ago
The entire purpose of the judiciary is to interpret the law. This is what they are supposed to do. Chevron curtailed this essential power in favor of taking an agency at its word, which is quite a dangerous stance.
- CuriouslyC 2y ago
  [flagged]
  - Red_Leaves_Flyy 2y ago
    Yeah I’ll have a conversation about the nuances of authority delegation with people who aren’t actively trying to make America a theist state. Separation of church and state is non negotiable requirement for maintaining a civil society.
    - renewiltord 2y ago
      > Separation of church and state is non negotiable requirement for maintaining a civil society. It's obviously negotiable since Christmas is the only religious holiday for the Federal Government.
      - lupusreal 2y ago
        You should run for office on a platform of making people go to work on Christmas "because muh constitution." Lmfao get fucked. I am an atheist.
        renewiltord 2y ago
        Haha no. I’m fine with the US being a Christian nation. I just think a lot of people make a big deal about church and state and the two things are the same thing.
- stfp 2y ago
  Air pollution is dangerously low, it was time to reign in the eco-terrorists at the EPA :|
  - autoexec 2y ago
    Millions of Americans currently don't have clean drinking water. Get ready for that situation to get much much worse.
- Dylan16807 2y ago
  The agencies still had to act within their bounds, and they have a lot more relevant expertise than effectively-random judges. Plus centralizing it makes things much more clear and consistent. Hell, if we just took regulatory agencies and put judges in charge somehow that would be a lot better than chaos mode.
  - nielsbot 2y ago
    Pretty sure some agencies already have specialist judges assigned to them.. I'm thinking of the NLRB.