Jimmy Higgins
Contributor
- Joined
- Jan 31, 2001
- Messages
- 47,182
- Basic Beliefs
- Calvinistic Atheist
A lot of talk about Trump as he has been re-elected and appears intent on rendering our nation impotent. But while we wait for whatever that is to come, the upending of Chevron in a pair of joined cases late last SCOTUS term was a bit of an under-reported case that will have what is likely to be considered unlimited impact on how the Executive Branch can run the nation. Effectively, the case ruled that the agencies within the Executive Branch were limited to how they were allowed to interpret their powers as provided by Congress.
In the real world, it is impossible for Congress to lay down a clear and explicitly held set of rules and guidance for "the environment". It isn't possible. This is why you provide a bit more nebulous of a doctrine for them to run within. But we live in the post-real world world, where Big Businesses are taking over, so those days days of pragmatic governance are now over.
Loper Bright is out there and is already being used to tackle agency regulations that aren't explicitly worded in Congressional guidance. Guns, abortion, transgender medical coverage, airline fee disclosures, non-compete clauses are among what is already being targeted, and is among an endless menu of legalistic nitpicking which greatly weakens the Executive Branch of the country (despite the near limitless power SCOTUS gave to the President). This is just the beginning!
In the real world, it is impossible for Congress to lay down a clear and explicitly held set of rules and guidance for "the environment". It isn't possible. This is why you provide a bit more nebulous of a doctrine for them to run within. But we live in the post-real world world, where Big Businesses are taking over, so those days days of pragmatic governance are now over.
Loper Bright is out there and is already being used to tackle agency regulations that aren't explicitly worded in Congressional guidance. Guns, abortion, transgender medical coverage, airline fee disclosures, non-compete clauses are among what is already being targeted, and is among an endless menu of legalistic nitpicking which greatly weakens the Executive Branch of the country (despite the near limitless power SCOTUS gave to the President). This is just the beginning!
