Tomorrow, Wednesday, the Supreme Court will hear argument in Loper Bright Enterprises v. Raimondo, a pair of cases we’ve discussed in the past that could let conservatives achieve a long-term goal: Disassembling what they call the nanny state and what I think of as executive branch agencies that conduct the nation’s business day in and day out. The goal is to undo 40 years of administrative jurisprudence (so much for precedent!) and end the federal government’s ability to establish and administer rules that balance differing interests and make life better for all of us. Administrative agencies use their expertise to balance different interests and implement procedures on matters like health and safety concerns or consumer financial protection. Because that involves costs and limitations on businesses that can prevent them from being as profitable as they would like to be, some folks oppose leaving these decisions in the hands of career public servants. You will be able to listen to the oral argument
Thanks, Joyce, but you did not mention that the cases are moot. The requirement that fishermen pay the monitors was withdrawn, and money that had been paid was refunded. The plaintiffs only objected to paying the fee, not to having monitors onboard--one of the plaintiffs noted that the monitors gather data that helps the industry. So no one has been hurt by the complained-of regulation. In past terms, the court would have dismissed the writ (or as Justice Frankfurter was fond of ruling, held that certiorari was improvidently granted). But apparently not this "conservative" court.
I am reluctant to be the very first commenter given that I have no background in the law. However, I want to reinforce how important this case is in the right’s determination to achieve more profits through less government regulation. With the three TFG justices’ far right stances and Roberts allowing the court free rein where influence is concerned, Thomas feels empowered in his enhanced position. We think the middle class has shrunk now. Just wait. So discouraging.
The “dismantling of the administrative state” is a threat to democracy as well. Dismantling includes the EPA, the SEC, the Department of Education, department of Justice, etc. The Koch’s camp are hard core Libertarians, and hold as a tenant or platform that the Federal Government is only there to provide for national defense. Libertarians represent the extremely wealthy first and foremost. They want no business regulation, want to pay little in taxes, home school for the poor and elite private education for the wealthy and disguise it all as “freedom to choose”. It’s a scam that will only result in even more extreme inequality and ruin our country. Watch this case closely.
I think it would be wise to revisit the history of the Gilded Age, monopolies and robber barons in the US, because that's what Republicans would prefer (see also the rise of reversing child labor laws). I cannot imagine the chaos that would occur if Chevron is overturned, but Republicans have made it very clear that chaos is exactly what they want.
As a fed for 43 years I witnessed a few hare-brained attempts to undo the protection agencies required from political meddling on behalf of donors.
After Clinton abolished Glass-Steagall and Dubya declared bankers as his base, the long lobbying quest for the pigs on Wall Street to dig into the Social Security trust funds appeared imminent with Dubya coming closer to letting workers put some of their money into private accounts. But wouldn't ya know, Wall Street crashed and all those accounts would have gone up in smoke just like personal savings and home ownership.
The problem is that for decades the new Gilded Age was promoted through campaign finance and lobbying. Not satisfied with market consolidation and beating down wages and benefits through "market efficiencies", the gold standard was dismantling the administrative state. After tax cuts, what else was left besides dismantling the protective bureaucracy after foxes in henhouses, underbudgetting and understaffing didn't do enough?
Today's decision to not let Jet Blue and Spirit merge doesn't herald a new age as much as acknowledge 4 decades of government failing consumers and workers. Much too little way too late.
So why not just abolish Congress while we're at it? Just let ALEC just write edicts for Father Trump and we can celebrate being great again and always "winning"?
As if apparent corruption weren't enough, we now suffer from the arrogance of the right-wing justices and their loyalty to business a/k/a power, funders a/k/a heirarchy, and white privilege a/k/a tradition. This court continues to protect the benefits of the few over the good of the country.
Thank you for bringing this to our attention! It is infinitely more important than the Iowa caucuses which have taken up way too much oxygen for the past month. Enough already!
Odd. The opposition to "nanny" state applies to business regulations yet politicians & judges have no qualms regulating women's reproduction & medications.
Gorsuch also has a conflict of interest. His mother was put in charge of the EPA by Reagan to eviscerate it. She was forced to resign due to people's emotional attachment to being able to breathe without being poisoned
Yes , dumpster got rid of the pandemic group when he became president because Obama put it in and look what happened when covid struck . Many unnecessary deaths because of all the misinformation spewed ! Now these same asshats want to get rid of all regulations and agencies so that these billionaires and corporations can have no objects in their ways to increase their never-ending profits and the planet and the lives of others be damned ! It always boils down to greed ! That is all they care about ...money ! They do not care one iota about anything else except how much money can I make. Now you have the Supreme Court that is bought and paid for by these same billionaires/corporations who will do their bidding . Right , what could go wrong !
Great piece. Overruling roe v wade put medical decisions in hand of non-expert state legislators and judges- a cruel disaster for women’s health. This seems like more of same
Pictures out of south including Alabama today look more like my hometown of Chicago. Note to your humans and 🐓s 🐕s and 🐈⬛ s: be safe. I love to think of you keeping all safe.
The oceans are warming up. There’s a huge red tide in Florida Gulf Coast. Lake Erie has algae bloom every year. Storms are becoming more severe. Arctic ice is melting. So let’s relax a few more regulations so extremely rich people can do whatever they want. Joyce thanks for your interest in law and sharing your knowledge. Stay safe and warm all!
Thanks, Joyce, but you did not mention that the cases are moot. The requirement that fishermen pay the monitors was withdrawn, and money that had been paid was refunded. The plaintiffs only objected to paying the fee, not to having monitors onboard--one of the plaintiffs noted that the monitors gather data that helps the industry. So no one has been hurt by the complained-of regulation. In past terms, the court would have dismissed the writ (or as Justice Frankfurter was fond of ruling, held that certiorari was improvidently granted). But apparently not this "conservative" court.
I am reluctant to be the very first commenter given that I have no background in the law. However, I want to reinforce how important this case is in the right’s determination to achieve more profits through less government regulation. With the three TFG justices’ far right stances and Roberts allowing the court free rein where influence is concerned, Thomas feels empowered in his enhanced position. We think the middle class has shrunk now. Just wait. So discouraging.
The “dismantling of the administrative state” is a threat to democracy as well. Dismantling includes the EPA, the SEC, the Department of Education, department of Justice, etc. The Koch’s camp are hard core Libertarians, and hold as a tenant or platform that the Federal Government is only there to provide for national defense. Libertarians represent the extremely wealthy first and foremost. They want no business regulation, want to pay little in taxes, home school for the poor and elite private education for the wealthy and disguise it all as “freedom to choose”. It’s a scam that will only result in even more extreme inequality and ruin our country. Watch this case closely.
I think it would be wise to revisit the history of the Gilded Age, monopolies and robber barons in the US, because that's what Republicans would prefer (see also the rise of reversing child labor laws). I cannot imagine the chaos that would occur if Chevron is overturned, but Republicans have made it very clear that chaos is exactly what they want.
As a fed for 43 years I witnessed a few hare-brained attempts to undo the protection agencies required from political meddling on behalf of donors.
After Clinton abolished Glass-Steagall and Dubya declared bankers as his base, the long lobbying quest for the pigs on Wall Street to dig into the Social Security trust funds appeared imminent with Dubya coming closer to letting workers put some of their money into private accounts. But wouldn't ya know, Wall Street crashed and all those accounts would have gone up in smoke just like personal savings and home ownership.
The problem is that for decades the new Gilded Age was promoted through campaign finance and lobbying. Not satisfied with market consolidation and beating down wages and benefits through "market efficiencies", the gold standard was dismantling the administrative state. After tax cuts, what else was left besides dismantling the protective bureaucracy after foxes in henhouses, underbudgetting and understaffing didn't do enough?
Today's decision to not let Jet Blue and Spirit merge doesn't herald a new age as much as acknowledge 4 decades of government failing consumers and workers. Much too little way too late.
So why not just abolish Congress while we're at it? Just let ALEC just write edicts for Father Trump and we can celebrate being great again and always "winning"?
We should have listened to Anita and Christine.
As if apparent corruption weren't enough, we now suffer from the arrogance of the right-wing justices and their loyalty to business a/k/a power, funders a/k/a heirarchy, and white privilege a/k/a tradition. This court continues to protect the benefits of the few over the good of the country.
Thank you for bringing this to our attention! It is infinitely more important than the Iowa caucuses which have taken up way too much oxygen for the past month. Enough already!
Odd. The opposition to "nanny" state applies to business regulations yet politicians & judges have no qualms regulating women's reproduction & medications.
Gorsuch also has a conflict of interest. His mother was put in charge of the EPA by Reagan to eviscerate it. She was forced to resign due to people's emotional attachment to being able to breathe without being poisoned
Yes , dumpster got rid of the pandemic group when he became president because Obama put it in and look what happened when covid struck . Many unnecessary deaths because of all the misinformation spewed ! Now these same asshats want to get rid of all regulations and agencies so that these billionaires and corporations can have no objects in their ways to increase their never-ending profits and the planet and the lives of others be damned ! It always boils down to greed ! That is all they care about ...money ! They do not care one iota about anything else except how much money can I make. Now you have the Supreme Court that is bought and paid for by these same billionaires/corporations who will do their bidding . Right , what could go wrong !
Great piece. Overruling roe v wade put medical decisions in hand of non-expert state legislators and judges- a cruel disaster for women’s health. This seems like more of same
Pictures out of south including Alabama today look more like my hometown of Chicago. Note to your humans and 🐓s 🐕s and 🐈⬛ s: be safe. I love to think of you keeping all safe.
I fear this is really in the weeds for most people, though the case is immensely important.
Hopefully corruption will not prevail, though it seems to have momentum in our politics!
The oceans are warming up. There’s a huge red tide in Florida Gulf Coast. Lake Erie has algae bloom every year. Storms are becoming more severe. Arctic ice is melting. So let’s relax a few more regulations so extremely rich people can do whatever they want. Joyce thanks for your interest in law and sharing your knowledge. Stay safe and warm all!
I think we are well and properly screwed. God help us.