Chevron is kill ( :marseyhappening::marseyhappening::marseyhappening:) (FED IS DEAD)

https://twitter.com/2Aupdates/status/1806697964821225569

The Chevron doctrine stems from the U.S. Supreme Court's decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984). It established a legal test for determining when courts should defer to a federal agency's interpretation of a statute that it administers. The doctrine involves a two-step process:

Step One: The court asks whether the statute's language is clear and unambiguous regarding the issue at hand. If it is, the court must follow the statute's plain meaning.

Step Two: If the statute is ambiguous, the court then considers whether the agency's interpretation is "reasonable" or "permissible." If the agency's interpretation meets this standard, the court defers to the agency's expertise.

This doctrine recognizes the expertise and policy-making prerogatives of administrative agencies and allows them to fill in the details of broad legislative frameworks.

TLDR: fed agencies can't make up rules

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this is awesome! One step closer to overturning Wickard v Filburn. Checks and balances FTW! If congress wants to ban stuff they need to pass a law, that is not the purview of unelected faceless beuracrats.

!slots111

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Wickard v Filburn

Is that case that stops you from fricking little kids or to do drugs? Or both

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It's what defines things that you do entirely on your own property as "interstate commerce".

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So both

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No, the federal laws passed against :marseypedo: would likely still stand, and even if not states could still make their own laws about both drugs and :marseypedo: which most if not all already have.

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holy frick if they overturn the "interstate commerce" bullshit then the west will truly rise again.


Follower of Christ :marseyandjesus: Tech lover, IT Admin, heckin pupper lover and occasionally troll. I hold back feelings or opinions, right or wrong because I dislike conflict.

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Wickard was a wheat farmer. The government was getting very socialist economically under FDR and they put limits on how much wheat a farmer could grow to control prices. Wickard grew the exact limit that he was required to and then grew a little extra for his own personal use to eat. The supreme court held that he was indirectly violating the commerce clause, by not buying the extra wheat on the open market at the fixed prices. Bc of this precedence since then the government doesnt need to pass a law/amend the constituion to ban stuff and agencies can ban stuff unilaterally which basically shits all over states/individual rights. This is why before that ruling alvohol was banned through amending the constitution. Today the consumer protection agency(or any fed agency) can ban stuff nationwide without any real oversite like they did with mighty magnets or like when the ATf banned bump stocks. The Supremese are clearly reigning in the commerce clause and bringing a lot of these rights/regulatory obligations back to the states.

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Are you saying legislators have to legislate after super court is done?

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yeah, they cant just create nanny agencies to do their bidding and will have to spend less time campaigning to do real work. Horrible, i know

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Yeah what couls go wrong if every last little item to be controlled has to be explicitly legislated on :marseyclueless: congress is known to be so reasonable, hard-working, and results-oriented for the best of the population :marseyclueless: clearly nothing can go wrong with this

Should congress also rule on every citizen's parking ticket and tax return?

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Oh no! It might be like things were for over 100 years before agencies were a thing. Congress might have to actually focus on things that matter, rather than dumb laws and earmarks. If the government has a harder time passing new laws what could happen? How will I know what not to do? The horror! What if they dont have time to visit with corporate lobbyists anymore?!

:#marseypearlclutch:

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citizen's parking ticket and tax return?

no, both of those things should be left to the states and their governments.

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https://media.giphy.com/media/l3V0xtJ0n5IVjOyuQ/giphy.webp

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The arguments against this mostly come down to "Congress is useless"

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and that argument is weak. Congress should work as its supposed to in the constitution. If they become ineffectual the answer is to vote them out(bc they are beholden to the people we can), not create an unelected unaccounable unvonstitutional buracracy.

Thats like saying "my house has a roach problem, lets release a bunch of rats in the house to eat them." idl, i vould probably think of a better analogy butt im a lazy

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It's extremely weak but it's all over /r/scotus since roe

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:marseynpc2:the police are ineffective

:marseynpcmad:the solution is for the police to appoint even less accountable enforcers to do their job while they get wined and dined by the rich in the process of consolidating power for the elite class

https://media.giphy.com/media/opagyzkj20OIixTZXB/giphy.webp

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Check /r/neoliberal melting

https://old.reddit.com/r/neoliberal/comments/1dql3fb/the_supreme_court_weakens_federal_regulators/

>we are pro-business and Trump will be a dictator

>nooooo you can't just severally reduce the power I of the executive branch

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Gun, e-cigarette, farm, timber and home-building groups were among the business groups supporting the fishermen.

Ahhh perfect. Just the groups we should be happy are getting a victory. Frick. What a horrific last 24 hours.

these people oppose farmers who keep food from being scarce, homebuilders/timber who increase access to housing. Lol neolibs hatibg the poor :marseymanysuchcases:

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:marseydab:

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