Supreme Court: Chevron Deference

I’m not sure the case could have been won with Chevron. It had to go all the way to the Supreme Court, and the only way the Court could find a way through it was to toss Chevron.

The Supreme Court said it’s Congress's job to produce regulations, not an agency’s.
 
I will
Matthew said:
The Supreme Court said it’s Congress's job to produce regulations, not an agency's
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I wish they would apply that logic to the president as well. Executive orders are out of control, and whipsaw 180* every four years. The presidency was never meant to be as powerful as it's become.
 
Jim K said:
I will


I wish they would apply that logic to the president as well. Executive orders are out of control, and whipsaw 180* every four years. The presidency was never meant to be as powerful as it's become.
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Separation of powers is why. As long as the EO follows the letter and spirit of the legislative text they are fine.

When POTUS uses it to say, rewrite Title 9 then you have an obvious issue. But here's the dirty truth: If Dems hold a majority of the Senate (or house) and POTUS (which means they also appointed the head of the DOJ) who is going to sue? The party in control is well, in control. Garland has refused to appear for congressional subpoena, nothing happened, yet Trump's advisor Steve Bannon refused to appear for a subpoena Garland prosecutes and put him in jail.

So meet the new boss, same as the old boss.
 
pfarber said:
Separation of powers is why. As long as the EO follows the letter and spirit of the legislative text they are fine.

When POTUS uses it to say, rewrite Title 9 then you have an obvious issue. But here's the dirty truth: If Dems hold a majority of the Senate (or house) and POTUS (which means they also appointed the head of the DOJ) who is going to sue? The party in control is well, in control. Garland has refused to appear for congressional subpoena, nothing happened, yet Trump's advisor Steve Bannon refused to appear for a subpoena Garland prosecutes and put him in jail.

So meet the new boss, same as the old boss.
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Who's going to sue is whomever is affected by the EO.

In the case of Title IX, a bunch of states, school districts, and students have sued. It has nothing to do with who controls Congress.

In the case of student loan forgiveness, it was also states and some individuals, but the individuals' case got tossed.
 
Funny how the Supreme Court doesn’t want the executive branch to change the administration of law while the Supreme Court has reversed a well established precedent quit frequently over the last decade.
 
Clip4 said:
Funny how the Supreme Court doesn’t want the executive branch to change the administration of law while the Supreme Court has reversed a well established precedent quit frequently over the last decade.
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Especially in light of how much of this precedent was referred to as "settled law" during their confirmation hearings before Congress.
 
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