Comment by brewdad
Didn't the Supreme Court basically say recently that the FCC and similar Executive Branch groups can't enforce such rules? They must come from the Legislature to have any hope of surviving review.
Didn't the Supreme Court basically say recently that the FCC and similar Executive Branch groups can't enforce such rules? They must come from the Legislature to have any hope of surviving review.
That's not right either, you're both wrong. Federal agencies are still allowed to make up regulations not explicitly found in the letter of the law, and courts are allowed to strike down those regulation if they think they're too far outside the spirit of the law. It works the same for both parties, not the nonsense you said.
> It works the same for both parties, not the nonsense you said.
One party has 6 supreme Court justices on the bench who we now know are explicitly working to further Republican causes [1]. The conservative supreme court is making rulings before hearing cases or reviewing evidence/decisions. They aren't interested in legal analysis which was clear with the trump immunity ruling.
So no, not "the same".
The composition of the court is subject to change, as always. In any case the court made Chevron Deference so it can obviously unmake it. Congress is free to amend the Constitution to change the rules, of there is a political consensus, which there isn't.
> It works the same for both parties, not the nonsense you said.
So we aren't actually wrong because it does not, in fact, work the same for both parties. The composition of the court right this moment is such that Republicans win and democrats lose. Divorced of what the law or prior precedence dictates.
You are right, congress can make changes to the court. But don't pretend like the law is being evenly or fairly applied without regard for the underlying politics.
They're referring to the recent decision which reversed the Chevron doctrine, which allowed courts to defer to the interpretation of ambiguous regulations by regulatory agencies. The most common interpretation of this decision is that it has the effect of nullifying the ability of regulatory agencies to regulate, and removes the bulk of their former role to Congress.
Here is a lengthy HN thread about it: https://news.ycombinator.com/item?id=40820949
The way the ruling was made, it will be a case by case basis. If a republican FCC does it, that will be fine and normal but if a democrat does it, it's out of the legislative authority.
Either way, the 5th circuit will stop the rules from going into effect.