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History books will write about the Roberts court in pretty much the same way that history writes about former Supreme Court Chief Justice Rober B. Taney [1], po
by jmyeet 2y ago
History books will write about the Roberts court in pretty much the same way that history writes about former Supreme Court Chief Justice Rober B. Taney [1], possibly most famous for the Dred Scott decision [2].
This decision is a just a district court decision but you will be seeing a ton of these over the coming years and the playbook will be exactly the same:
1. Challenge some government regulation in a conservative federal district court, probably the Fifth Circuit (Texas, Alabama, Louisiana). Judges in this circuit tend to be very conservative because of Blue Slip system [3]. Any nominee for Federal court by convention requires a sponsoring Senator and the Senators in these states are pretty much always Republicans. It's worse in Texas too because of the way the Fifth Circuit is organized into divisions it's really easy to judge shop;
2. SCOTUS just ended Chevron deference. That means for 40+ years, Congress would pass laws like "The EPA will ensure there's clean air and water" and the EPA would decide what that meant. The Chevron deference part is that courts deferred to Federal agencies whenever any legislative language is ambiguous. Thing is, Congress relied on this when writing legislation for 40+ years. It's also impossible to write legislation for every aspect of regulation. It's simply too much;
3. SCOTUS also ended the statute of limiations (previously 6 years) for challenging any federal regulation through the Corner Post decision [4]. This case got less attention but the impact is going to be massive. Previously when a Federal regulation was made you had 6 years from inception to challenge it. Now the 6 years applies from when the injury begins so you can challenge a 100 year old law by establishing an LLC and claiming injury;
4. A Fifth Circuit court will say the case is open and shut because the legislative language is ambiguous;
5. Other circuits, particularly the 9th Circuit, will interpret things differently. This essentially forces SCOTUS to act to resolve different circuits having different interpretation. This court in particular will rule against regulation.
We will see for years to come a torrent of cases that will dismantle every aspect of Federal regulation. What's crazy is some people who will absolutely be hurt by this will celebrate it. Arsenic and lead in your water will hurt you. Dumping waste into the Chesapeake Bay will hurt you. Polluting the air will hurt you. The only people this will benefit is the extremely rich who get to get slightly richer.
Roberts will be remembered for this, stripping voting rights, Dobbs, presidential immunity (which will be up there with Dred Scott) and, of course, Citizens United, which decided that money = speech.
[1]: https://en.wikipedia.org/wiki/Roger_B._Taney https://en.wikipedia.org/wiki/Roger_B._Taney
[2]: https://en.wikipedia.org/wiki/Dred_Scott_v._Sandford https://en.wikipedia.org/wiki/Dred_Scott_v._Sandford
[3]: https://en.wikipedia.org/wiki/Blue_slip_(U.S._Senate) https://en.wikipedia.org/wiki/Blue_slip_(U.S._Senate)
[4]: https://en.wikipedia.org/wiki/Corner_Post,_Inc._v._Board_of_Governors_of_the_Federal_Reserve_System https://en.wikipedia.org/wiki/Corner_Post,_Inc._v._Board_of_...
- monero-xmr 2y agoIf you are hurt by arsenic you can sue the person who harmed you. I’m glad we are entering an era of massive deregulation, to reverse the endless strangulation of American society by a bloated, metastatic, parasitic regulatory state that has (thus far) only grown and never shrank. You can hear the shrieks from DC as their cushy $160k make work jobs are going to end.
- TRiG_Ireland 2y agoThat really doesn't work, especially where harm is diffuse to the wider environment.
- hwbehrens 2y ago> If you are hurt by arsenic you can sue the person who harmed you. You can try, but you'll probably be dead before your estate wins the case. [0] https://en.wikipedia.org/wiki/Hinkley_groundwater_contamination#History https://en.wikipedia.org/wiki/Hinkley_groundwater_contaminat...
- beaglesss 2y agoIf we're leaning towards dominating our thoughts towards cases of people being deaded,the ATF has literally burned dozens of children alive to enforce alcohol/tobacco/firearms regulations. So that's not an argument in favor of the ATF regulating this.
- 7thaccount 2y agoI don't think the ability to engage in a class action lawsuit is much of a benefit when you have arsenic poisoning (as in your life is ruined and you got like $30k). Let's be real, the company and company leadership will face zero legal consequences and this psychotic behavior will become widespread with no real consequences.
- monero-xmr 2y ago[flagged]