Friday, June 28, 2024

Chevronnacht: Elena Kagan is horrified by what the Supreme Court just did. You should be too.

In Loper Bright v. Raimondo, Secretary of Commerce the United States Supreme Court has reversed forty years of precedent on which agencies have relied in drafting their regulations.
Legislation is often general - leaving it to the agencies which administer the law to act reasonably despite the statute's lack of clarity.  Until today
Elena Kagan is horrified by what the Supreme Court just did. You should be too.
By Mark Joseph Stern//SLATE
The Supreme Court fundamentally altered the way that our federal government functions on Friday, transferring an almost unimaginable amount of power from the executive branch to the federal judiciary. By a 6–3 vote, the conservative supermajority overruled Chevron v. NRDC, wiping out four decades of precedent that required unelected judges to defer to the expert judgment of federal agencies. The ruling is extraordinary in every way—a massive aggrandizement of judicial power based solely on the majority’s own irritation with existing limits on its authority. After Friday, virtually every decision an agency makes will be subject to a free-floating veto by federal judges with zero expertise or accountability to the people. All at once, SCOTUS has undermined Congress’ ability to enact effective legislation capable of addressing evolving problems and sabotaged the executive branch’s ability to apply those laws to the facts on the ground. It is one of the most far-reaching and disruptive rulings in the history of the court.

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