At oral arguments, the Chief Justice John Roberts emerged as the likely deciding vote in a case that will determine whether unelected judges take control over the administrative state.
Among the damaging and consequential things this SCOTUS has done, one of the notable ones is that they have ended *stare decisis*. Precedent just isn’t a thing anymore. Americans are now in a position where they truly don’t know what rights they do and do not have. SCOTUS can change them on a whim now.
This would essentially take regulatory power away from agencies, whom elected congressional representatived specifically delegated that power to, and puts it in the hands of unelected lifetime appointed judges with no actual expertise in the regulatory fields they will all the sudden have complete control over.
Along with the major questions doctrine which the court just made up out of nothing, it’ll be yet another tool for the conservative dominated Supreme Court to use to invalidate pretty much any kind of policy making a Democratic president or Congress ever tries to enact.
I don’t think people really fully understand what is happening here. We’re getting closer and closer to the point where even if we do ostensibly vote for our own elected representatives, we will effectively be ruled by nine, but more specifically 6, unelected dictators in robes.
Anything a Democratic president or Congress does will be invalidated while anything a Republican president or Congress does won’t.
The ultimate plan is to render Democratic policy making impossible whether Democrats win elections or not.
It’s what they are paid to do. A corporation spending a few hundred thousand or million to buy off the government which in turn adds billions in profit is an investment that’s hard to ignore and comes with an ROI that’s almost impossible to achieve any other way.
I’m sure Harlan Crow will receive the outcome that a bunch of luxury vacation packages can win you
Someone fired my mom in the 1980s so I’m gonna take my grudge and blow the govt up.
So this means the DOJ (constitutional law) is hampered and the executive can essentially rewrite the constitution to eliminate any regulatory or enforcement arm of government out of the checks and balances.
Meaning no more courts to interpret laws and only an executive (totalitarian government) to write, interpret, and enforce. Sounds like a dictatorship?
Between this and the Heritage Foundation’s push to purge career civil servants from government, we are witnessing a wide-reaching effort to purge expertise from government and replace it with self-serving politics.
Instead of trained career experts making decisions about the details of congressionally approved projects, it will be people like Lauren Boebert and Thomas Massie… who have neither the expertise nor the patriotism to do what is in the country’s best interests.
I wouldnt be surprised if they overturned Chevron and Congress decided to codify it because they themselves don’t want to make all of these decisions. A lot of people in Congress just want their nice paychecks. They want to complain, be the media spotlight and not really do their actual job representing.
The issue will be is if they codify and then SCOTUS overturnS it because they think it should be in Congress hands. Justice Sotomayor made the point that can’t it be codified ? If it becomes law, then there is guiding law to follow. We can delegate making decisions that guide policy to the respective agencies because they are experts in their specific area. I mean, if they want to get crazy about it, they can specify environmental issues are managed by the environmental protection agency and so on and so forth.
The court already has some of the lowest approval ratings ever, do they want to hit an even lower point where at some point people are just gonna start ignoring their orders? Because remember they can’t enforce their orders. People respect their authority and therefore follow the order. And yes, I understand that that’s disrespecting the process and one of the branches of democracy, but when that branch has been tainted, it needs to be reformed.
Biden should have expanded the court year 1 of this term.
I just want to point out that Chevron was originally decided in a vote of 6-0 with the 3 members of each party voting for the case (and 3 judges not participating). In the case of Roe, the original decision was 7-2 with 5 Republicans voting for and 1 against and 2 Democrats voting for and 1 against.
These cases were originally not split on party lines and were not even 5-4 votes. The court today is not just overturning precedent, they’re overturning partisan compromise. They’re overturning rulings made by their very own political party.
So when I see Republicans today arguing against these cases, it’s made even more ridiculous by the fact that even Republicans at the time supported them.
“DONT THREATEN ME WITH THE SUPREME COURT” sure aged well didn’t it?
This sound all well and good until you find out the chemical company down the road might have given you cancer from the chemicals they didn’t need to properly dispose of.
McConnell is in the corner, eyes glistening, “Almost there…”
Dems must win this coming election and get 4 new seats on there to replace these wasted seats on ego-ideology religious fruitcakes.
Illegitimate court needs to be overthrown
Let’s all thank RBG for condemning us to this hell.
It won’t be long before the US turns into a tin pot third world country rife with corruption from top to bottom. Just like the right wing nut jobs want it to be.
They’re already checking off boxes on the 2025 project.
They just want to be the only authority on any and all regulation of anything ever. But, and this is extremely important, only for as long as there is a conservative majority on the court. If there were to be a majority of progressives, then the same justices who are right this moment ready to change precedent, will instantly find that the opposite is true.
Don’t believe me? Well, this precedent that they are currently revisiting, was set by the conservative minority 40 years ago in order to reign in the liberal majority of the time. You see it was all about the EPA which was run, at the time, by current justice Neil Goresuch’s _mother._ She was conservative. The court at the time didn’t think having “liberal” courts have jurisdiction over the then conservative EPA was at all appropriate. No sir! Now that the agencies are liberal and the court is conservative there’s no way the court could ever cede its authority over their nasty government. Not. At. All.
The nice part is i no longer need to do a bunch of research before i vote. All republicans are the same now, blue down the board. Voting is going to take like five minutes. Aye.
The opening of this piece is just silly. The way the conservatives on the court look at the Constitution and the “New Criticism” of literature are not related.
Also the dichotomy between interpreting the Constitution solely through the text and interpreting through the intentions of the Founders is silly. How about we make the Constitution work for 2023? A governing document that doesn’t make sense in the modern day is useless to a society. Do I propose scrapping the whole thing? No way! Do I support judges looking at the Constitution, what the Founders intended, and the needs of 21st century America in their decisions? Yeah. How else would you do it?
More and more I find myself wondering if we ultimately lost our chance to stop this and other archconservative and far-right gains in 2016 and that everything we did and are doing is ultimately in vain, which includes even removing Trump in 2020 and trying to beat him this year.
This doesn’t exactly help those feelings.
I mean it’s a court full of radicalized fascists. This conclusion should have seemed obvious to everyone…
Are we approaching a “Robert’s has made his decision, now let him enforce it” moment?
It’s been their goal for awhile. The lot of them are traitors. The Supreme Court is owned by the oligarchs.
Pack the fucking courts already, then make Trump and shitty Republicans illegal.
It would be great if a couple people passed away and balance was brought back to the stolen Supreme Court.
That was always the billionaires plan. Every pretense that we are an actual country is being killed off. We are becoming nothing more than a collection of corporations.
We are heading towards civil war
Supreme Court is bullshit
The Supreme Court Sounds Eager to Break the ~~Government~~ USA for Good
Fixed that headline for them.
The entire Republican Party, and by extension the Supreme Court has been hijacked by right wing extremists. Anyone on the left cannot afford to sit by and do nothing. Volunteer, donate, and most importantly VOTE against these people or we will see the end of our democracy.
That was the plan. Mitch did what he was told to do by his owners.
The right wing sure is confident that ending the rule of law while riling up the populists won’t bite them in the ass.
Decline of Empire right here, folks. Enjoy the ride.
You think the government is bad now ? Wait until this ruling that will cripple it to uselessness
Cool, looking forward to an unelected circuit judge deciding exactly what ppm of lead is okay in my drinking water.
Doing exactly what they’re being paid to do.
This incredibly important information couldn’t be delivered via a more annoying website.
Clearly all compromised Russian assets. No doubt these corrupt fuckers took bribes and Russia got them on tape so they do what daddy Putin says.
The social contract is failing. Cataclysm is inevitable.
This is a disaster. Therefore it will happen.
Yet again we see this activist court using moot or minor issues to swing sledgehammers at well-established precedents.
News reports suggest the herring monitoring program hasn’t been active, and there are funds set up to reimburse fishers for those expenses.
Reminds me a lot of the coach who just wanted his job back, except he didn’t. Or the lady who had a website design business for weddings except she didn’t actually have any customers and never designed a wedding site for anyone, and the initial request itself may have been phony.
The court is legislating from the bench to secure policy wins which they were unable to achieve through democratic means. They drool about destroying the regulatory apparatus and will use the flimsiest reasons to do so.
Everyone says the most important election of our lives is the next one. It was actually almost almost 8 years ago. The damage is done, now it’s just about keeping it from getting worse.
Should Chevron deference be eliminated, every piece of legislation is going to be even more likely to be litigated. This means we need more courts and more judges. Certainly we will need more Supreme Court justices to handle the case load.
Too late? The SCOTUS is government and is broken at a pretty foundational level right now since it was run on principles and good vibes for a couple centuries.
Honest question: is this the worst Supreme Court in American history?
49 comments
At oral arguments, the Chief Justice John Roberts emerged as the likely deciding vote in a case that will determine whether unelected judges take control over the administrative state.
Among the damaging and consequential things this SCOTUS has done, one of the notable ones is that they have ended *stare decisis*. Precedent just isn’t a thing anymore. Americans are now in a position where they truly don’t know what rights they do and do not have. SCOTUS can change them on a whim now.
This would essentially take regulatory power away from agencies, whom elected congressional representatived specifically delegated that power to, and puts it in the hands of unelected lifetime appointed judges with no actual expertise in the regulatory fields they will all the sudden have complete control over.
Along with the major questions doctrine which the court just made up out of nothing, it’ll be yet another tool for the conservative dominated Supreme Court to use to invalidate pretty much any kind of policy making a Democratic president or Congress ever tries to enact.
I don’t think people really fully understand what is happening here. We’re getting closer and closer to the point where even if we do ostensibly vote for our own elected representatives, we will effectively be ruled by nine, but more specifically 6, unelected dictators in robes.
Anything a Democratic president or Congress does will be invalidated while anything a Republican president or Congress does won’t.
The ultimate plan is to render Democratic policy making impossible whether Democrats win elections or not.
It’s what they are paid to do. A corporation spending a few hundred thousand or million to buy off the government which in turn adds billions in profit is an investment that’s hard to ignore and comes with an ROI that’s almost impossible to achieve any other way.
I’m sure Harlan Crow will receive the outcome that a bunch of luxury vacation packages can win you
Someone fired my mom in the 1980s so I’m gonna take my grudge and blow the govt up.
So this means the DOJ (constitutional law) is hampered and the executive can essentially rewrite the constitution to eliminate any regulatory or enforcement arm of government out of the checks and balances.
Meaning no more courts to interpret laws and only an executive (totalitarian government) to write, interpret, and enforce. Sounds like a dictatorship?
Between this and the Heritage Foundation’s push to purge career civil servants from government, we are witnessing a wide-reaching effort to purge expertise from government and replace it with self-serving politics.
Instead of trained career experts making decisions about the details of congressionally approved projects, it will be people like Lauren Boebert and Thomas Massie… who have neither the expertise nor the patriotism to do what is in the country’s best interests.
I wouldnt be surprised if they overturned Chevron and Congress decided to codify it because they themselves don’t want to make all of these decisions. A lot of people in Congress just want their nice paychecks. They want to complain, be the media spotlight and not really do their actual job representing.
The issue will be is if they codify and then SCOTUS overturnS it because they think it should be in Congress hands. Justice Sotomayor made the point that can’t it be codified ? If it becomes law, then there is guiding law to follow. We can delegate making decisions that guide policy to the respective agencies because they are experts in their specific area. I mean, if they want to get crazy about it, they can specify environmental issues are managed by the environmental protection agency and so on and so forth.
The court already has some of the lowest approval ratings ever, do they want to hit an even lower point where at some point people are just gonna start ignoring their orders? Because remember they can’t enforce their orders. People respect their authority and therefore follow the order. And yes, I understand that that’s disrespecting the process and one of the branches of democracy, but when that branch has been tainted, it needs to be reformed.
Biden should have expanded the court year 1 of this term.
I just want to point out that Chevron was originally decided in a vote of 6-0 with the 3 members of each party voting for the case (and 3 judges not participating). In the case of Roe, the original decision was 7-2 with 5 Republicans voting for and 1 against and 2 Democrats voting for and 1 against.
These cases were originally not split on party lines and were not even 5-4 votes. The court today is not just overturning precedent, they’re overturning partisan compromise. They’re overturning rulings made by their very own political party.
So when I see Republicans today arguing against these cases, it’s made even more ridiculous by the fact that even Republicans at the time supported them.
“DONT THREATEN ME WITH THE SUPREME COURT” sure aged well didn’t it?
This sound all well and good until you find out the chemical company down the road might have given you cancer from the chemicals they didn’t need to properly dispose of.
McConnell is in the corner, eyes glistening, “Almost there…”
Dems must win this coming election and get 4 new seats on there to replace these wasted seats on ego-ideology religious fruitcakes.
Illegitimate court needs to be overthrown
Let’s all thank RBG for condemning us to this hell.
Looks like in some ways the political system is functionally shifting to one that is more of a [Kritarchy](https://en.wikipedia.org/wiki/Kritarchy).
It won’t be long before the US turns into a tin pot third world country rife with corruption from top to bottom. Just like the right wing nut jobs want it to be.
They’re already checking off boxes on the 2025 project.
They just want to be the only authority on any and all regulation of anything ever. But, and this is extremely important, only for as long as there is a conservative majority on the court. If there were to be a majority of progressives, then the same justices who are right this moment ready to change precedent, will instantly find that the opposite is true.
Don’t believe me? Well, this precedent that they are currently revisiting, was set by the conservative minority 40 years ago in order to reign in the liberal majority of the time. You see it was all about the EPA which was run, at the time, by current justice Neil Goresuch’s _mother._ She was conservative. The court at the time didn’t think having “liberal” courts have jurisdiction over the then conservative EPA was at all appropriate. No sir! Now that the agencies are liberal and the court is conservative there’s no way the court could ever cede its authority over their nasty government. Not. At. All.
The nice part is i no longer need to do a bunch of research before i vote. All republicans are the same now, blue down the board. Voting is going to take like five minutes. Aye.
The opening of this piece is just silly. The way the conservatives on the court look at the Constitution and the “New Criticism” of literature are not related.
Also the dichotomy between interpreting the Constitution solely through the text and interpreting through the intentions of the Founders is silly. How about we make the Constitution work for 2023? A governing document that doesn’t make sense in the modern day is useless to a society. Do I propose scrapping the whole thing? No way! Do I support judges looking at the Constitution, what the Founders intended, and the needs of 21st century America in their decisions? Yeah. How else would you do it?
More and more I find myself wondering if we ultimately lost our chance to stop this and other archconservative and far-right gains in 2016 and that everything we did and are doing is ultimately in vain, which includes even removing Trump in 2020 and trying to beat him this year.
This doesn’t exactly help those feelings.
I mean it’s a court full of radicalized fascists. This conclusion should have seemed obvious to everyone…
Are we approaching a “Robert’s has made his decision, now let him enforce it” moment?
It’s been their goal for awhile. The lot of them are traitors. The Supreme Court is owned by the oligarchs.
Pack the fucking courts already, then make Trump and shitty Republicans illegal.
It would be great if a couple people passed away and balance was brought back to the stolen Supreme Court.
That was always the billionaires plan. Every pretense that we are an actual country is being killed off. We are becoming nothing more than a collection of corporations.
We are heading towards civil war
Supreme Court is bullshit
The Supreme Court Sounds Eager to Break the ~~Government~~ USA for Good
Fixed that headline for them.
The entire Republican Party, and by extension the Supreme Court has been hijacked by right wing extremists. Anyone on the left cannot afford to sit by and do nothing. Volunteer, donate, and most importantly VOTE against these people or we will see the end of our democracy.
That was the plan. Mitch did what he was told to do by his owners.
The right wing sure is confident that ending the rule of law while riling up the populists won’t bite them in the ass.
Decline of Empire right here, folks. Enjoy the ride.
You think the government is bad now ? Wait until this ruling that will cripple it to uselessness
Cool, looking forward to an unelected circuit judge deciding exactly what ppm of lead is okay in my drinking water.
Doing exactly what they’re being paid to do.
This incredibly important information couldn’t be delivered via a more annoying website.
Clearly all compromised Russian assets. No doubt these corrupt fuckers took bribes and Russia got them on tape so they do what daddy Putin says.
The social contract is failing. Cataclysm is inevitable.
This is a disaster. Therefore it will happen.
Yet again we see this activist court using moot or minor issues to swing sledgehammers at well-established precedents.
News reports suggest the herring monitoring program hasn’t been active, and there are funds set up to reimburse fishers for those expenses.
Reminds me a lot of the coach who just wanted his job back, except he didn’t. Or the lady who had a website design business for weddings except she didn’t actually have any customers and never designed a wedding site for anyone, and the initial request itself may have been phony.
The court is legislating from the bench to secure policy wins which they were unable to achieve through democratic means. They drool about destroying the regulatory apparatus and will use the flimsiest reasons to do so.
Everyone says the most important election of our lives is the next one. It was actually almost almost 8 years ago. The damage is done, now it’s just about keeping it from getting worse.
Should Chevron deference be eliminated, every piece of legislation is going to be even more likely to be litigated. This means we need more courts and more judges. Certainly we will need more Supreme Court justices to handle the case load.
Too late? The SCOTUS is government and is broken at a pretty foundational level right now since it was run on principles and good vibes for a couple centuries.
Honest question: is this the worst Supreme Court in American history?