2 ms·

This argument hinges on the premise of regulators not being able to make up new rules anymore. However this isn't the case, they can still do that. The differ

This argument hinges on the premise of regulators not being able to make up new rules anymore. However this isn't the case, they can still do that. The difference is now you can more effectively challenge those rules in federal courts. But to challenge regulators in federal court will still require a lot of legal resources, which means small guys will still be effectively bound by the rules but large companies will be relatively untethered. Those large players are simultaneously less likely to innovate anyway due to being large and therefore more ossified in their thinking and a tendency to protect their present products and organization structures. Therefore I think the acceleration will be far less pronounced than the OP post suggests.

redserk 2y ago
You don’t have to have a regulation be declined by the courts. You just need a court to more easily issue months-long stays on a given executive action. My concern with all of this is that a handful of courts will see this as an opportunity to get trigger-happy with issuing stays on executive agencies, causing a complete deadlock with any new law.
itsdavesanders 2y ago
I think the counter point to that is that we have think tanks and political organizations who have rich donors with which to hire high power law firms, who find the regulation they want to axe, and then search the country for a case with standing and then pursue those cases until the regulation dies. You are right that it won’t be the little guys doing this, but they might be represented by very powerful organizations who take down laws professionally and are doing so for their own benefit. And with the way politics has entered everything, who knows which things will be targeted next, or what new cruelties they care to inflict. At the same time, again due to the current political climate, it doesn’t do us any good to have all the rules thrash back and forth with each new administration. This is what we get as we get more and more polarized and laws aren’t being written with compromise. Congress and elections need serious reform.
jaybrendansmith 2y ago
Great point. Our problem is not big government. It's big corporation. This will only make it worse for the little guy, easier for the big guy, harder for the regulators, and harder for the people. This ruling will slow down competition and innovation and break both good and bad regulations across the board. This ruling is vehemently anti-citizen, pro-corporation. Government by the people vs government by the big faceless org.

redserk 2y ago

You don’t have to have a regulation be declined by the courts. You just need a court to more easily issue months-long stays on a given executive action. My concern with all of this is that a handful of courts will see this as an opportunity to get trigger-happy with issuing stays on executive agencies, causing a complete deadlock with any new law.

itsdavesanders 2y ago

I think the counter point to that is that we have think tanks and political organizations who have rich donors with which to hire high power law firms, who find the regulation they want to axe, and then search the country for a case with standing and then pursue those cases until the regulation dies. You are right that it won’t be the little guys doing this, but they might be represented by very powerful organizations who take down laws professionally and are doing so for their own benefit. And with the way politics has entered everything, who knows which things will be targeted next, or what new cruelties they care to inflict. At the same time, again due to the current political climate, it doesn’t do us any good to have all the rules thrash back and forth with each new administration. This is what we get as we get more and more polarized and laws aren’t being written with compromise. Congress and elections need serious reform.

jaybrendansmith 2y ago

Great point. Our problem is not big government. It's big corporation. This will only make it worse for the little guy, easier for the big guy, harder for the regulators, and harder for the people. This ruling will slow down competition and innovation and break both good and bad regulations across the board. This ruling is vehemently anti-citizen, pro-corporation. Government by the people vs government by the big faceless org.