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by Alupis
670 days ago
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The SCOTUS decision basically told Congress they must write the laws instead of allowing agencies/departments to create their own "laws" that were not actually laws but were enforced like laws. So, no, the power did not shift entirely to SCOTUS like some people have been mislead into believing. The power was taken away from the Executive Branch and restored to the Legislative Branch - as it should have been all along. The Executive Branch (the president and their staff/appointees including those running the various enforcement agencies such as BATF, EPA, etc) have never been authorized to create laws... yet they got away with it anyway. |
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Congress can and does write laws. But the quibbling now is that companies can take cases to the 5th circuit for example and argue that XYZ novel chemical isn't a pollutant because it's not explicitly enumerated in the law even if it's causing vast amounts of environmental damage. Laws will always require some form of interpretation because you simply cannot enumerate everything that can and will happen in the future and that's historically how laws were written in the past. Which is why Chevron Deference existed in the first place.