this post was submitted on 29 Jun 2024
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The downfall of Chevron deference could completely change the ways courts review net neutrality, according to Bloomberg Intelligence’s Matt Schettenhelm. “The FCC’s 2024 effort to reinstitute federal broadband regulation is the latest chapter in a long-running regulatory saga, yet we think the demise of deference will change its course in a fundamental way,” he wrote in a recent report. “This time, we don’t expect the FCC to prevail in court as it did in 2016.” Schettenhelm estimated an 80 percent chance of the FCC’s newest net neutrality order being blocked or overturned in the absence of Chevron deference.

Federal Trade Commission Chair Lina Khan has made no secret of her ambitions to use the agency’s authority to take bold action to restore competition to digital markets and protect consumers. But with Chevron being overturned amid a broader movement undermining agency authority without clear direction from Congress, Schettenhelm said, “it’s about the worst possible time for the FTC to be claiming novel rulemaking power to address unfair competition issues in a way that it never has before.”

Khan’s methods have drawn intense criticism from the business community, most recently with the agency’s labor-friendly rulemaking banning noncompete agreements in employment contracts. That action relies on the FTC’s interpretation of its authority to allow it to take action in this area — the kind of thing that brings up questions about agency deference.

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[–] deranger@sh.itjust.works 0 points 3 months ago (2 children)

This sucks ass. It’s hard to not become blackpilled from Friday’s rulings.

[–] revv@lemmy.blahaj.zone 0 points 3 months ago (1 children)

Personally, I take comfort that the executive will be weakened as it looks more and more likely that we're about to have a wannabe dictator coming to office.

[–] greenskye@lemm.ee 0 points 3 months ago

It'll only be weak for the presidents they don't like

[–] njm1314@lemmy.world 0 points 3 months ago

Is there a word to be People's Will pilled? Cause that's where I'm heading.

[–] Omega_Man@lemmy.world 0 points 3 months ago (1 children)

What does stare decisis mean? Asking for 6 justices.

[–] lolcatnip@reddthat.com 0 points 3 months ago

I think it means something similar to YOLO.

[–] amanda@aggregatet.org 0 points 3 months ago (4 children)

I’m not an American but my impression is the Supreme Court is mainly designed as a last bulwark to ensure the US never under any circumstances ever does anything remotely good and this isn’t exactly improving that impression.

[–] Fuzemain@lemmy.world 0 points 3 months ago (1 children)

They interpret the law. And when existing law has bad policy outcomes people get made that 9 unelected lawyers in robes aren't legislating for us. When the out comes are good people don't hear about them or forget them.

[–] bolexforsoup@lemmy.blahaj.zone 0 points 3 months ago

Ehhhhh you’re kind of ignoring in power/out of power dynamics here and the overwhelmingly conservative slant they’ve adopted the last few years.

[–] TheGalacticVoid@lemm.ee 0 points 3 months ago (2 children)

It's simply an institution meant to interpret laws and their legality. All of that goes out the window when the people in said institution are politically charged, corrupt, or make bad arguments.

[–] BowtiesAreCool@lemmy.world 0 points 3 months ago (3 children)

You said “or” there when really it should be “and”

[–] sorghum@sh.itjust.works 0 points 3 months ago

Considering the context, I took it as an inclusive or.

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[–] Imgonnatrythis@sh.itjust.works 0 points 3 months ago

To be consistently evil you need checks and balances. This is the system at work.

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[–] vodkasolution@feddit.it 0 points 3 months ago

United enShittification of America

[–] JoMiran@lemmy.ml 0 points 3 months ago
[–] dactylotheca@suppo.fi 0 points 3 months ago (4 children)

The first time I saw a headline about this, just saying that the Supreme Court overturned "the Chevron doctrine" my initial thought was that I have no idea wtf they did but if the votes went 6-3 I know it can't be anything good.

Much to my consternation I appear to have been right.

[–] Asafum@feddit.nl 0 points 3 months ago* (last edited 3 months ago) (2 children)

I've known this was coming for years. Once Goursich was added it was known to those watching the courts exactly what would happen.

Before one of the hosts did the typical "become an unwanted sexual advance asshole" like everyone seems to become after they gain some fame, Opening Arguments podcast was a great way to learn about how depressing our future will be.

It's absolutely fucking disgusting that no matter what the outcome SHOULD be, you can almost always call how this court will go simply by asking "what benefits the ultra wealthy and what have conservatives wanted forever?"

[–] JackiesFridge@lemmy.world 0 points 3 months ago

Yup, that Open Args deep dive into chevron deference was an eye opener and called this one years ago. Sucks AT turned out to be That Guy.

[–] ST5000@lemmy.world 0 points 3 months ago (2 children)

Ever find a good OA replacement ?

[–] Asafum@feddit.nl 0 points 3 months ago* (last edited 3 months ago) (1 children)

Sadly I did not, but I also just stopped seeking that kind of information after Biden won. I needed a break from the madness. Lol

I think I still need to back away to be honest... Being surrounded by MAGA and having two spiders fighting over a cockroach where my memory should be, any time I try to utilize what I've learned I just get shit all over by the firehouse of fox news b.s and the inability to remember things to refute it. I'm doing everyone a giant disservice by being another example of "a stupid liberal who has no idea what's going on."

[–] ST5000@lemmy.world 0 points 3 months ago

Don't be so hard on yourself! Thanks for the answer.

Listening to OA sometimes made me feel bad. Being a "reality junkie" is a slippery slope to what is now called being "blackpilled". Hope you can feel better soon.

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[–] FireTower@lemmy.world 0 points 3 months ago

My perspective having known about Chevron before Friday is that while this is a big development for admin law people seem to be overstating the impact it will likely have. Agencies like the EPA, FDA, etc can still make rules as before now courts just have to judge arguments on interpretation impartially, like they did before the SCOTUS made the doctrine in the 80s aiding Reagan. The SCOTUS hasn't even applied it since 2016.

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[–] peopleproblems@lemmy.world 0 points 3 months ago (5 children)

The truth is the winners have already won, and no one else ever will. They do not intend to make the American Dream obtainable for anyone but Those Approved.

It's a big club. You aren't in it. I'm not in it. everyone you or I know isn't in it. You know when your in it, because you benefit from this. If you will likely lose benefits, like all of us will, you aren't in the club.

How do you fight those in power uninterested in giving up that power?

You take it from them.

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[–] ArmokGoB@lemmy.dbzer0.com 0 points 3 months ago (6 children)

The illusion of democracy has entirely worn off. When are we taking to the streets with guns?

[–] Fuzemain@lemmy.world 0 points 3 months ago (1 children)

Democracy isn't when appointed officials always side with other appointed officials.

[–] surewhynotlem@lemmy.world 0 points 3 months ago (2 children)

It's when appointed officials side with the people, and the people are educated and thoughtful.

Or so I'm told. I've never actually seen one. It's like a unicorn.

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[–] EatATaco@lemm.ee 0 points 3 months ago (7 children)

But both sides are the same.

God damn it, i wish Clinton had won so bad. It would be the exact opposite and corporations wouldn't be getting this free reign. Fuck.

[–] FiniteBanjo@lemmy.today 0 points 3 months ago

TBH with how Obama treated Netanyahu versus Trump admin backing single state solution: I bet the war on the Gaza Strip wouldn't be happening, either. Not at the same scale, at least.

[–] pulaskiwasright@lemmy.ml 0 points 3 months ago* (last edited 3 months ago) (2 children)

I wish the democrats didn’t force her, the candidate that was predicted to be weakest against Trump and the only one likely to lose, through the primary with every trick they could. The democrats tried to skew and steer their own voters and we all lost because of it.

[–] njm1314@lemmy.world 0 points 3 months ago (5 children)

The only one likely to lose? I think you have your facts confused on that one.

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[–] EatATaco@lemm.ee 0 points 3 months ago (23 children)

She demolished sanders in the primary. Get over it. The belief that she only won because of some dirty tricks or that sanders was screwed is just nonsense. I wish he had won, and i voted for him, but unfortunately reality tells a much different story. This belief he was screwed is no different than the belief that trump was screwed in 2020.

[–] chuckleslord@lemmy.world 0 points 3 months ago (1 children)

Yeah, the early primaries really do benefit establishment democrats, and it seemingly painted a damning picture for Bernie. I think if we had synchronized primaries, this benefit would be much smaller and Bernie would've had a significant shot.

[–] Copernican@lemmy.world 0 points 3 months ago (2 children)

Bernie was such a good surprise candidate, but that only happened because Warren didnt run. I wish she did. I think that was her time and would have avoided some of the criticisms (whether fair or unfairly thrown) at Bernie.

[–] EatATaco@lemm.ee 0 points 3 months ago* (last edited 3 months ago)

One of the earliest was NH, which he did very well in, and which gave rise to "sanders has a chance!" And really shocked everyone.

He probably did way better because he was hyped as having a legitimate shot after that, he even though it clearly wasn't the case.

She demolished him. The order of the voting had little to do with it, if not possibly even helping him.

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[–] FordBeeblebrox@lemmy.world 0 points 3 months ago (2 children)

I wish Gore had won, every other headline wouldn’t be about the impending climate doom and what we’re not doing to stop it

Oh wait, he DID win and the fucking court stole it

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[–] SeaJ@lemm.ee 0 points 3 months ago (1 children)

It totally makes sense to have a bunch of elected non experts go through the minutae of federal departments and how to implement policy. /s

[–] FireTower@lemmy.world 0 points 3 months ago (3 children)

Think you meant non elected.

But the point is that policy decisions aren't to be made by courts or agencies. They are to be made by an elected legislature, informed by the Congregational Research Services. To ensure the separation of powers.

Then the Executive agencies are to be tasked with enforce of the law. And if conflict should arise in the understanding of the law the judiciary is to interpret the law. And while judges are not experts in everything they are the experts in statutory interpretation.

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[–] MNByChoice@midwest.social 0 points 3 months ago (1 children)

Are there any of the rules being weakened that are pro-company/anti-consumer/anti-worker? Not all government rules help people.

Like did OCSH decide I cannot sue my employer, but now I can type shit? I figure the only want to fix this is to hurt Harlan Crow with it.

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[–] psycho_driver@lemmy.world 0 points 3 months ago

I feel like I'm living in the prequel to The Handmaid's Tale

[–] ICastFist@programming.dev 0 points 3 months ago (1 children)

Truly, the best democracy money can buy. "This was the supreme court", all of which was appointed by different presidents in different time periods, so a direct consequence of political will

[–] EatATaco@lemm.ee 0 points 3 months ago (11 children)

Holy shit i can't believe someone is trying to both sides this. Trump got three nominees, and put 3 far right wing people on the court. If Clinton had put three people on, this would have all gone absolutely been like left wing of the court now, and these people would have gone the other way. And we still have morons clinging to the nonsense that it's the fault of both sides. Amazing.

[–] ICastFist@programming.dev 0 points 3 months ago (1 children)

I'm not murican, I only know that the US supreme court has at least 9 justices. 3 is a significant number, but not a majority, and only half of the 6 votes that said "akshually, public officers receiving gifts after doing a favor isn't bribery"

[–] EatATaco@lemm.ee 0 points 3 months ago

I’m not murican, I only know that the US supreme court has at least 9 justices.

You should then also realize how little you know about it and not use it to make sweeping generalizations about America politics.

But no, you're still trying to both sides it. Fucking wow.

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[–] shimdidly@lemmy.world 0 points 3 months ago

Supreme Court weakens federal regulators

Thank goodness!

[–] riodoro1@lemmy.world 0 points 3 months ago (2 children)

the us will be a true shithole in about a decade.

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[–] antler@feddit.rocks 0 points 3 months ago (1 children)

Maybe an unpopular opinion here on lemmy, but I think this is a good thing.

Chevron is a good idea in theory, give experts in regulating a specific thing more leeway to manage that. Problem is if you give a bureaucratic agency an inch they become maniacal dictators. They start calling bees a kind of fish and a puddle in your backyard a lake, they randomly change up their own decisions making normal people criminals overnight or vice versa, and sometimes they even just try to make their own rules.

If you want a law then make a law, don't have an unelected bureaucrat issue an edict. If the legislative branch is a mess the solution is to fix the mess, not hand off their powers to the executive branch. Again, if used by level headed people it would have been great, but eventually after so many decisions that would sound too comical for a parody we can't have nice things anymore.

[–] Warl0k3@lemmy.world 0 points 3 months ago (6 children)

Do you have any non-hyperbolic examples of this kind of overreach?

[–] technocrit@lemmy.dbzer0.com 0 points 3 months ago (1 children)

Since they won't answer, let me answer for them...

No. They have no examples or citations for any of their nonsense.

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[–] CheeseNoodle@lemmy.world 0 points 3 months ago (4 children)

iirc they DID classify bees as fish but only because it was the only way they could enact any kind of protections for them.

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