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That's a rather rose colored way of framing what Chevron was. It essentially removed the role of the judiciary in settling disputes. In cases where a regulator'
by somenameforme 11mo ago
That's a rather rose colored way of framing what Chevron was. It essentially removed the role of the judiciary in settling disputes. In cases where a regulator's action was deemed at least "reasonable", the judiciary was obligated to simply defer to the regulator's interpretation.
And due to widespread regulatory capture, this is hardly some social benefit. The original case Chevron Doctrine was based on [1] essentially came down to the EPA interpreting anti-pollution laws in a way enabling companies to expand pollution-causing constructions with no oversight. The EPA was then sued, and defeated, by an environmental activist group, but then that decision was overturned by the Supreme Court and Chevron Deference was born.
Other examples are the FCC deeming broadband internet as a "information service" instead of a "telecommunications service" (which would have meant common-carrier obligations would have applied), and so on. Another one [3] - Congress passed legislation deeming that power plants must use the "best technology available" to "minimize the adverse environmental impact" of their water intakes/processing. The EPA interpretation instead allowed companies to use a cost-benefit analysis and pick cheaper techs. And I could go on. Chevron Deference was an abomination.
[1] - https://en.wikipedia.org/wiki/Chevron_U.S.A.,_Inc._v._Natural_Resources_Defense_Council,_Inc https://en.wikipedia.org/wiki/Chevron_U.S.A.,_Inc._v._Natura....
[2] - https://en.wikipedia.org/wiki/National_Cable_&_Telecommunications_Ass'n_v._Brand_X_Internet_Services https://en.wikipedia.org/wiki/National_Cable_&_Telecommunica...
[3] - https://en.wikipedia.org/wiki/Entergy_Corp._v._Riverkeeper_Inc https://en.wikipedia.org/wiki/Entergy_Corp._v._Riverkeeper_I....
- LPisGood 11mo ago> In cases where a regulator's action was deemed at least "reasonable", the judiciary was obligated to simply defer to the regulator's interpretation. That is the way it _should_ be. Judges are not subject matter experts in all of human endeavors, but they are expected to make rulings over that domain. Relying on experts and career civil servants advice is generally good, unless they’re being unreasonable.
- bluGill 11mo agounfortunately civil servants are not perfect and not elected. If they 'take bribes' I don't want a judge to accept their word. They should have to justify their ruling before the court. The judge should defer to them only after finding their decision was good in the first place.
- LPisGood 11mo ago> They should have to justify their ruling before the court How familiar are you with admin law? That is what already happened before this precedent was discarded.
- vel0city 11mo ago> If they 'take bribes' I don't want a judge to accept their word. They should have to justify their ruling before the court. If they're taking bribes they should be tried under corruption laws such as 18 U.S.C. § 201 Meanwhile our SC justices can accept all kinds of gifts from industry and make whatever ruling they want without any repercussions. They're in charge of determining their own conflicts of interests and their own ethics violations. Which surprise, they never seem to have any! Its far easier to remove a regulator, even one of a supposedly independent agency (we'll see how that goes), for doing something obviously corrupt than a Supreme Court judge, as evidenced by the current court.
- bluGill 11mo agobribes is in quotes. There are a lot of questionable ways to do things that are not illegal. As the other post said, commonly it is we will give you a good job in a few years. Even when there is a bribe it is typically hidden in something that looks legal. Buy something you need anyway from my brother-in-law even though you can get a better deal elsewhere. Family charities are a popular way for politicians to do this - most of the money goes to the admins the politician is related to. In countries we think of as corrupt there are typically direct bribes, but in less corrupt countries the question is how can you hide them in ways that are legal - often by doing things that fully moral people are also doing.
- somenameforme 11mo agoThe role of a judge is not to give his own personal opinion on a topic. It's to listen to arguments between two different sides, who each may call upon experts, witnesses, present evidence, and so on. And they will then also argue how the other side's take is invalid or misleading. The role of the judge is to work to objectively determine which side has the law and evidence most on their side. In cases where a judge is a domain expert, he may well end up even needing to recuse himself as that would generally entail opining on debatable topics one way or the other, which makes him unlikely to be able to effectively perform his role.