This Shitty Day Just Got Shittier

Created
Sat, 29/06/2024 - 03:30
Updated
Sat, 29/06/2024 - 03:30
The high court overruled the Chevron precedent. It’s not entirely unexpected but like Dobbs it’s going to have huge ramifications. Kate Riga at TPM: The Supreme Court overruled a key pillar of federal agency authority Friday, appropriating a massive amount of executive branch power to itself. In overruling Chevron, the Court decided that federal agencies no longer get to fill in the gaps of Congress’ laws with their experts’ own reasonable interpretation of how to carry them out; that authority now resides in the judiciary. It’s a power grab that the right-wing legal world has been marching towards for years — and they finally got a Court activist enough to do it. Chief Justice John Roberts, often the tip of the spear for this movement, wrote the majority. Justice Elena Kagan, probably the Court’s best pro-agency voice, wrote the dissent, joined by her two liberal colleagues. Justices Neil Gorsuch and Clarence Thomas wrote solo concurrences. Roberts completed the takeover with very little humility. The thinking underlying Chevron deference is that agencies are staffed by experts who understand the technicalities of their subject matter, and are best equipped to mold often broad statutes into day-to-day regulations. Judges, on the other hand, have no special insight into, say, the Environmental Protection Agency’s calculations to find permissible amounts of air pollution from a factory, or the Occupational Safety and Health Administration’s experience with how factories should be laid out. “Delegating ultimate interpretive authority to agencies is simply not necessary to ensure that the resolution of statutory ambiguities is…