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>That sounds great in theory, however our Congress is known to be useless and in total gridlock. We should really fix this instead of making end runs around co
by tpmoney 2y ago
>That sounds great in theory, however our Congress is known to be useless and in total gridlock.
We should really fix this instead of making end runs around congress. The rule of law changing on the whims of which president is in office every 4 years is insanity and we shouldn't be standing for congress abdicating their responsibilities here.
It is precisely because congress has been abdicating their responsibilities that we are here in the first place. The Chevron deference was a patch over an already failing system. The fact that Net Neutrality has both been "law" and not law multiple times all within the span of 16 years is not a sign of a functioning legal system. The fact that the president of the US has arbitrarily instructed an entire law enforcement agency to not enforce a law because a significant number of states are refusing to do so, but at the same time the next president could revert that decision and make thousands of americans criminal overnight, all while we wait and hold our breath that the law enforcement agency decides to change their mind on whether the law is or isn't the law is also insanity, and all of this because congress continues to fail to act. And yet, that is exactly where we are with the status of marijuana in this country. Deferring to the enforcers of a law what their powers under that law are is a terrible idea. If we were talking about deferring to the police about what their powers were when the law was ambiguous, we'd all know that for the terrible idea it is. But replace "police" with the ATF, EPA or FCC and suddenly we don't think it's a bad idea anymore.
Overturning Chevron doesn't mean that agencies don't have regulatory authority or that congress has to write super specific laws. It means that the courts no longer play favorites when it comes to determining the scope of powers when that scope is ambiguous.
> FAA interpreted laws to allow what SpaceX, and the rest of New Space has accomplished. Now what? There weren't omniscient laws passed, so Blue Origin for example, could theoretically tie SpaceX up in court for new launch licenses? And the final call will be made by a law clerk, instead of space industry professionals?
The final call is where it's always been, in the hands of congress. If congress can find the time in their terribly busy schedule to pass a law to rename an outpatient clinic[1], and again [2], and again[3] (and do it another 10 times this session), mandate the all government agencies can only by US made flags [4], or order the US Mint to issue special commemorative coins for the Marine Corps [5], then surely they can find the time to expand and clarify the FAA's scope of authority. Maybe they could do it when they re-authorize the existence of the entire FAA [6]. Don't get me wrong, I'm not specifically calling out congress for having these sorts of minor laws going through their docket. I'm just bothered by this weird idea that somehow we can't expect an entire branch of our government to be functional long enough to clarify its own laws, but still be functional enough to spend its time (and our tax money) on these sorts of minor concerns. And we're so sure we can't expect them to be able to do it, we'd rather allow either of the other two branches to do it for them just so we can get on with things.
This feels like the equivalent of everyone working around the boss' nephew who's constantly spilling his soda in the server racks, and tripping over power cords. And rather than fix that, we just decide to build server rooms that blast hot air at high speeds through everything so soda is dried and whisked away before it does damage, and also by quadruple redundant power supplies and hire a few folks to follow the nephew around plugging the power supplies back in. And everyone knows this is bad, but we're mad at the CFO for not authorizing the installation of a larger AC unit even though servers are overheating because of all the extra heat the power supplies and air blowers are dumping into the room.
[1]: https://www.congress.gov/bill/118th-congress/senate-bill/3285/text?overview=closed https://www.congress.gov/bill/118th-congress/senate-bill/328...
[2]: https://www.congress.gov/bill/118th-congress/senate-bill/3249/all-actions https://www.congress.gov/bill/118th-congress/senate-bill/324...
[3]: https://www.congress.gov/bill/118th-congress/house-bill/593/all-actions https://www.congress.gov/bill/118th-congress/house-bill/593/...
[4]: https://www.congress.gov/bill/118th-congress/senate-bill/1973/text?overview=closed https://www.congress.gov/bill/118th-congress/senate-bill/197...
[5]: https://www.congress.gov/bill/118th-congress/house-bill/1096/text?overview=closed https://www.congress.gov/bill/118th-congress/house-bill/1096...
[6]: https://www.congress.gov/bill/118th-congress/house-bill/3935/text?overview=closed https://www.congress.gov/bill/118th-congress/house-bill/3935...