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The ruling itself ironically provides an example of why it is a bad ruling: Gorsuch, authoring the majority opinion, repeatedly referred to "nitrous oxide" rath
by derbOac 2y ago
The ruling itself ironically provides an example of why it is a bad ruling: Gorsuch, authoring the majority opinion, repeatedly referred to "nitrous oxide" rather than nitrogen oxides. If the SCOTUS justices can't get this right, in the opinion itself, how can we expect them to make informed decisions on other scientific matters that are more complex?
It also seems legally dubious to me, because there will always logically be some level at which interpretive discretion is allowed in executing some statute. Laws cannot fundamentally anticipate every single scenario to which they might be applied. It's disingenuous or naive to believe that regulation is any different at some fundamental level from any other form of statute.
You can also turn your own argument on its head: if someone has a problem with a regulatory interpretation, they can always appeal it. SCOTUS could have ruled something more reasonable along these lines, to clarify how to establish abuse of regulation.
I tend to be deregulatory in my political sympathies in a lot of domains, but this is not how to go about the issue, in my opinion.
- saurik 2y agoWhy wouldn't the argument here that courts and judges aren't experts at anything not apply to every single decision they make? If we're simply going to decide that courts shouldn't be trusted to decide anything "hard", shouldn't our local courts also defer to local government officials? It certainly would make it easier on the District Attorney's office if the County Judges were intended to "defer" to their opinion on forensics, and I'm sure the local sewer district would love to not have to waste time bringing expert witnesses to court to argue their case for violation of a local ordinance.