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by tpmoney
672 days ago
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I don't think that the removal of the Chevron deference means that regulators can't make "reasonable interpretations" of the laws. I don't think one could reasonably say that regulators were prevented from doing so from the founding of the country until 1984. The Chevron deference wasn't giving regulators the ability to make reasonable interpretations, it was a policy of biasing the courts to that interpretation. In my opinion that wasn't a good thing. The courts are inherently biased towards the government in the first place, what with them being part of the government, there's no reason to have an official policy of bias as well. The parks service can continue to be mandated to "keep the parks clean and safe", but when their regulation that "no minor children shall be allowed in the parks except under the supervision of a related adult" is challenged by the local pre-schools because it prevents them from having field trips to the parks, the courts are no longer required to find that because requiring children to be supervised by relatives is a reasonable interpretation of "keeping the parks safe" that they must then conclude the regulation is within the scope of authority. >The one blessing that could come from this move is that it will force the other two branch to take a sober look at the brazen partisanship of the supreme court, and hopefully exercise congress's power to deeply reform. Regardless of your political leaning, we should all want to rip partisanship out of the courts by the roots. I find myself hoping that the other branches rather take a sober look at their own behavior and seek to remove the need for the courts to be so involved in the day to day operations of the government. We are in this position largely because for a few decades now Congress has abdicated their responsibility to legislate and regulate and also to represent the people in favor of deadlocking themselves and avoiding responsibility for making hard decisions. Net Neutrality is a perfect example of this. It's exactly the sort of major change in regulation of communications that congress should absolutely be responsible for outlining, and instead they have allowed the executive branch and the courts to fight it out and so we've seen it flip flop from being law to not law multiple times. |
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