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Supreme Court shifts power over federal regulations from agencies to judges
(www.politico.com)
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this post was submitted on 28 Jun 2024
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Because we know how well things have turned out when courts, such as the Supreme Court, rules on things it believes are "ambiguous".
Supreme Court Jan. 6 ruling https://archive.is/3YrYN
That's the worst part. They just gave themselves a huge amount of extra power and there is nothing anyone can do about it.
If you want any proof that the court is corrupt, there it is. They are a court that can give themselves new powers.
Interpreting the law is a power the courts have always had; it's their core function. It wasn't until Chevron when the courts willingly gave a portion of this power to the executive. Now they are simply taking it back; a power they always had that the executive abused.
The executive has "abused" it to do things like stop factories dumping toxic chemicals in rivers.
As I asked you below, how do you think our pro-corporate justice system will rule on such matters?
This isn't just about the EPA, this applies to other agencies as well. Including ones that charge individuals for offenses that were lawful prior to a reinterpretation made by unelected officials.
And it's also about the EPA. And it's about the most important issue in the world- climate change.
And now it's in the hands of a bunch of people who don't even believe it's real and if they do, think the emissions should keep happening anyway because they don't give a shit.
It's an especially egregious ruling since SCOTUS gave companies the same rights as people.
Before any new administration can come in, appoint their hacks, and throw off long term climate plans. This also puts power into the legislature (and by that the people) allowing for the enactment of environmental laws that have firm regulations that won't disappear in 4 years. Enabling us to meet long term goals and commitments.
There will be no long-term climate plans anymore, that's the point. Judges will get rid of them all because the justice system is pro-corporate.
This can be circumnavigated by crafting legislation that leaves little for interpretation or judical review. Legislative definitions and unambiguous language have and will always act as handcuffs on the judiciary.
When has that ever stopped SCOTUS before?
One well know example was the flag burning case with Scalia.
SCOTUS is currently deciding whether or not the president can legally commit murder. That doesn't even need special legislation. There isn't even a question. And yet SCOTUS is looking into the question. And you want me to trust them with ecological disasters?
I heard no end to the complaints while Trump was president about how he was able to do dozens of things and Chevron was a big reason for them; the judiciary simply letting the executive do what they want via creative interpretations of the law.
You didn't answer my question.
They won't but keep asking.