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JdeB (@JdeB) · 01/2024 · Tröts: 3.258 · Folger: 1.021
Mo 01.07.2024 19:50
#USpolitics #BigBusiness #SCOTUS #ChevronDoctrine
It may look as a defeat on the sideline. And on the face of it it is.
But defending against the greed of Big Business becomes a whole lot harder if you don't have regulations and preservation policies in your back. It also paves the way for even more greed protecting rulings. By lower and higher courts.
And remember that only SCOTUS seat are appointed, the rest are chosen by 'we the people'.
So #VoteBlue #UpAndDownTheBallot
The article:
"The Supreme Court overturns Chevron doctrine, gutting federal environmental protections"
by Jake Bittle & Zoya Teirstein for Grist [Audio available]
Quotes:
"Scrapping the legal precedent could send a "convulsive shock" to decades of federal environmental, financial, and healthcare regulations."
"The Supreme Court on Friday threw into question the future of climate and environmental regulation in the United States, scrapping a decades-old legal precedent that gave federal agencies leeway to interpret laws according to their expertise and scientific evidence."
"Federal courts have long deferred to federal agencies to interpret laws that are unclear and need further clarification. In 1984, a shorthanded Supreme Court ruled in a unanimous decision that federal agencies have the final say on ambiguous policies, ..."
"“Today’s ruling sidelines the role of agency expertise, and instead shifts power to judges who do not have the expertise of agency staff who live and breathe the science, financial principles, and safety concerns that federal agencies specialize in,” Kym Meyer, the litigation director for the Southern Environmental Law Center, said in a statement. "
"Vickie Patton, general counsel for the Environmental Defense Fund, said the decision “undermines vital protections for the American people at the behest of powerful polluters.”
"Lower courts, however, still cite the Chevron deference in many cases, and federal agencies win most of them: An analysis of more than 1,500 circuit court decisions between 2003 and 2013 found that courts applied Chevron in 77 percent of regulatory disputes, and that agencies won many more of cases than they did cases where courts did not use Chevron."
"The Biden administration and numerous legal scholars had urged the court to keep the precedent in place, arguing that overturning it would create regulatory chaos as hundreds of plaintiffs sued to challenge past rules."
"In her dissent, Justice Elena Kagan expressed skepticism of that claim, saying she found the majority too “sanguine” about the impact of tossing Chevron, arguing the precedent helped keep “air and water clean, food and drugs safe, and financial markets honest.” She accused the conservative bloc of trying to turn the Supreme Court “into the country’s administrative czar.”
"But over the past decade, many conservatives have come to believe that the precedent allows the executive branch to overreach its authority, and overturning it has become a rallying cry for many right-wing activists and legal scholars."
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