This article looks at three different cases by the Supreme Court, two already decided and an upcoming decision, that have the potential to remake or undo the “administrative state”, as conservatives like to call it.

Effectively, the Supreme Court is mandating that Congress legislate only in the way it authorizes.

  • Tigbitties@kbin.social
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    1 year ago

    It’s less attacking and more plucking away at it’s flower petals saying, “He loves me. He loves me not” while thinking of late stage capitalism.

    • PeepinGoodArgs@reddthat.comOP
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      1 year ago

      Mmm, nah, it’s an attack. The Cato Institute says as much when it in an amicus brief it filed with the Supreme Court:

      Chevron is unconstitutional for several reasons. It gives judicial power—the power to interpret the meaning of the law—to the administrative state within the Executive Branch. The Constitution, however, grants all judicial power to the Judicial Branch. Chevron is also unconstitutional because it biases the courts towards the agencies, stripping the judiciary of impartiality and denying litigants basic due process. But a third reason, and the focus of our brief, is that Chevron deference is ahistorical, arising not out of the original understanding of the Constitution but rather out of the administrative bloat of the New Deal era.

      The explicit goal of elite conservatives is to undo the “administrative bloat of the New Deal era”, widely regarded as one of the best periods in American history and the foundation of many of the legal protections we have today.

  • Jeremy [Iowa]@midwest.social
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    1 year ago

    https://mediabiasfactcheck.com/democracy-journal/

    These media sources are moderately to strongly biased toward liberal causes through story selection and/or political affiliation. They may utilize strong loaded words (wording that attempts to influence an audience by using appeal to emotion or stereotypes), publish misleading reports, and omit information that may damage liberal causes. Some sources in this category may be untrustworthy.

    • PeepinGoodArgs@reddthat.comOP
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      1 year ago

      The gross mischaracterization seems…neither that gross nor mischaracterized. The magnitude of difference between you explanation and the first quote doesn’t seem that big to me. Then again, I’m also not a lawyer.

      In any case, I don’t think this substantially addresses the article’s argument. I’ll concede that you’re right. There’s still the concerted effort to undermine the Chevron doctrine, however characterized, which grants more power to the judicial branch.