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by wtallis 526 days ago
As opposed to broadband ISPs in 1996? Do you not think a Senator from 1996 would readily lump today's Google Fiber in the same category as an ISDN provider in 1996?

Do you somehow think that the overturning of Chevron means that courts do not need to figure out where the role of Google Fiber today fits into the categories defined in 1996?
1 comments
tptacek 526 days ago
No, I do not, and, more importantly, nothing in the definitions section of the Act would dictate that. Yes: I do think that Loper means that courts aren't going to do this kind of freelancing anymore.
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wtallis 526 days ago
> Yes: I do think that Loper means that courts aren't going to do this kind of freelancing anymore.

And yet, the court seems to have rendered a decision. They don't seem to have declared that the question is not theirs to answer.

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tptacek 526 days ago
Sorry, you're right. I spoke imprecisely. The courts aren't going to allow the regulatory state to do this kind of freelancing anymore. The courts themselves will continue to produce judge-made law, of course. Which is Kagan's complaint in her Loper dissent.
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