[stuffn]

Chevron didn’t establish clearer guidelines.

It was weaponized by both parties to create defacto laws without proper legal procedure. It should’ve been unconstitutional from the beginning as only Congress can make laws. Regulatory agencies are far easier to control, generally contain administration-friendly plants, and are not expected to provide any justification for their decisions. The result is laws that change as the wind blows, confusions, and rights restrictions done by people who should have no business doing so. The “reasonable interpretation” rule allowed Congress to completely defer to them and force citizens to spend tremendous capital getting a case to the Supreme Court.

Chevron’s overturn was objectively a huge win and hardly a “rogue” decision. That editorialization is not a fair representation of the problems it has caused when regulatory agencies begin attempting to regulate constitutional rights. It was overly vague and gave far too much power to people who cannot be trusted with it.

We shouldn’t need Chevron Deference to make laws that protect people from harm done by corporations. Period. If we do, it’s a failure of Congress to do their jobs and a mechanism should be in place to have a “reset button” (like many other countries when they form a government).

[riversflow]

Expecting Congress to directly regulate the minutia of industry, medicine or technology is absurd, these are giant categories with their own subfields that need specialized technocratic leadership.

[stuffn]

Chevron Deference is used to bypass congressional and court scrutiny. I'm getting downvoted, particularly, because I do not believe people understand the extent of what Chevron Deference provides. I am not surprised. It's not mentioned often, it's often editorialized particularly by leftist media as a great boon to our society, and most people are unaffected by it.

Congress is expected to make laws. End of story. Chevron Deference allows them to reduce their own liability and burden by rubberstamping opinion into law. That is a tremendous problem. Congress' core directive is to protect our rights. Not restrict them. Industry plants have a much easier time infesting regulatory bodies through revolving door policies, regulatory bodies change with every administration, and regulatory bodies are not held to a standard of rigor that approaches 1/10th of the worst quality scientific journal. That is a major problem. The first thing any true tactical politician will do is move his or her favorite industry plants into regulatory bodies. Then, they can give "opinion" that aligns with the view of that person, which is then rubberstamped into law.

If we cannot expect congress to do their job our government has failed it's absolute simplest purpose. There are then much greater problems than whether turtles are choking on can holders.

[atmavatar]

I trust the scientific expertise of a career bureaucrat holding a PhD more than a congresscritter that brings a snowball onto the Senate floor as "proof" climate change isn't real[1].

1. https://www.cbsnews.com/news/sen-jim-inhofe-climate-change-i...

[riversflow]

My position is simple and has 2 parts:

To expect anyone to create meaningful regulation on every sector of the economy is absurd, our system is far too complex.

We need regulation if we want to live in a safe & healthy modern society.

Unless you just disagree with the second proposition, it seems your implication is that every congress person should be an expert on every sector of the economy and fiscal policy, and be able to craft meaningful laws, or at least have strong opinions about them. Otherwise, they would just be accepting laws written by other people, just like delegating to the regulator.

Corruption exists in every system. I grew up with clean air and water thanks to the current regulatory system, and have benefited from a safe work culture my whole life. Best I can tell the only guy who has really done anything to stop that is the current President, so kinda a crude characterization to say that they change with every admin.

[stuffn]

I never implied congress is expected to be experts on everything. What I do expect is a level of scrutiny much higher than what is considered rigorous by academic standards.

It should not be a hard ask that regulatory bodies produce meaningful, thoughtful, and extensive uneditorialized reports on a subject. These are then given in summary to congress who can use this information to inform regulation.

This strategy is superior for a few reasons:

1. It keeps regulatory bodies honest and when held to the highest possible standard of scrutiny works to prevent a lot of trivial gaming of the system

2. It separates the powers appropriately. Congress can ask anyone to do research and return results. This is not the same as providing an unelected body defacto law writing power.

And on the final point regulation can be good. I think it's dishonest to interpret my position as anti-regulation. Rather, I think regulation is trivially corruptable. Regulatory capture is the mechanism by which the largest wealth-having class maintains their power. Regulatory capture is trivialized through the use of Chevron Deference (see my post above). By cleanly separating the two we reduce the probability of corruption. If a corrupt politician can't inject their stooges to defer to then we have an extra mechanism by which to protect our rights, and protect our health. It then falls on congress to do the right thing. Then it's OUR responsibility to elect people who will do that.

If we allow for the assumption congressmen are not idiots, are capable of reading and referring to experts, and act accordingly then there should be no meaningful difference modulo preventing unelected officials from writing law. If we cannot guarantee that, then it's not corruption, it's a complete failure of the legislative branch of government and the election system. Which I think we both agree here in one way or another that the system has completely failed.

[LPisGood]

It’s pretty clear that rule making and adjudication are in the preview of the executive branch. Congress and courts can’t possibly make laws and hold trials for every possible minor situation.

[monknomo]

hang on, in what way are regulatory agencies not expected to provide justification.

That is very nearly the lion's share of the work these agency do, is to justify the regulations and the decisions

[stuffn]

Some agencies lean towards proper justification (the EPA, for example, has been generally okay at best about this) other regulatory bodies don't.

While it is not a popular topic here, gun laws, and I am taking a risk with my karma even talking about it, have been subject to some of the most vague and dangerous interpretations by the ATF. In this case we provided congress a way to bypass constitutional scrutiny (pre-bruen) by deferring to the ATF. Two examples are bump stocks, and FRTs, both of which the ATF interpreted as "machine guns", defying their own regulatory definition, and creating felons out of innocent people quite literally overnight. Honest people had their doors literally kicked in. This is a terrifying level of power. It is not the first time the ATF has done this. I would recommend spending time reading the writings of GOA and FPC if you'd like to see how confusing it is for a law abiding gun owner to stay within the lines of the law when Chevron Deference existed. At any point something you lawfully buy, fill out the correct forms, and lawfully own, could be suddenly interpreted with no notification as criminal and thus you INSTANTLY become a felon. There are violations of ex-post-facto, denial of constitutional rights, etc.

Justification is highly subjective and in many cases these regulatory agencies are handed the pen to write and sign their laws.

There is no difference between a regulatory agency writing and passing law, and congress completely deferring all responsibility to them. This is the problem. "Justification" is not held to any standard.

My personal opinion is opinion from a regulatory agency should be held to a higher standard than even the most prestigious academic journal given the consequences. Chevron Deference being used to regulate companies is one thing. Chevron Deference being used to regulate constitutional rights is a consequence, and thus, it is a good thing it is eliminated. Perhaps congress can actually do it's job and demand a higher level of scrutiny, care, and precision from our regulatory agencies.