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by skhunted 718 days ago
It’s because European courts aren’t lawless and for the most part, follow what the law really says instead of distorting it for political considerations.

This might be the case now but won’t be always true. Any institution has to the capacity to try to go rogue so to speak. I don’t know the power of Germany’s high court or what the limits of their powers are or what sort of political forces are at play that those courts must balance. But those decisions certainly had political considerations behind them.

What you’re advocating for is a departure from international standards that makes us more like a third world country.

That departure happened centuries ago with Marbury v. Madison. Politically motivated rulings have occurred ever since. More so than in most countries.

For the most part, in other advanced democracies, the courts stick much closer to the law and less to the politics than what you’re advocating.

I’m not advocating for this. It’s a fact of what the court is. I’m recognizing human nature and the tendency of how humans sometimes act when too much power is given to too few people. Since Marbury v Madison the court became a political institution. Sometimes as a force for good and sometimes as a force for bad.

For 40 years Congress has written regulations with the knowledge and understanding that Chevron was the standard. Now the Court reverses itself. This has huge implications. The dissenting opinions do a much better job than I can on explaining why this decision is garbage. It is now the case that 40 years of laws need to be rewritten and everyone knows that the Republicans are never going to rewrite legislation that can in any way lower corporate profits.