In a message from RON L. to AARON THOMAS
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> But the problem was never in the Executive Branch. It's in the Bureaucracy.
> Those people have Legislative power without any accountability. That's why
> DOGE is going to be so important.
"Those people" actually no longer have this power:
"In mid-2024, the Supreme Cour's conservative supermajority overturned its 40-
year-old finding in Chevron v. Natural Resources Defense Council, a precedent
that had largely given specific government agencies (and experts working for
them) the authority to interpret rules, regulations and guidance they were
charged with implementing. In doing so, the court shifted the power to approve
or deny changes in the regulatory landscape away from the agencies -- ones like
the Food and Drug Administration, Federal Trade Commission, and Centers for
Medicare and Medicaid Services -- and toward the judiciary.
"The precedent had previously created a two-step process by which courts
judged the appropriateness of government agencies' interpretations of their
statutory authority to issue regulations. It did not provide a universal
deference, but a limited deference to these agency interpretations of often
vague or ambiguous legislative grants of authority. So the agencies had a lot
of leeway in issuing regulations and what they were allowed to do, but the
courts were allowed to double-check that those interpretations were backed up
by laws passed in Congress.
"But with the case Loper Bright Enterprises v. Raimondo, the Supreme Court's
six conservatives reversed that, overruling Chevron deference and stating that
courts would now 'exercise their independent judgment in deciding whether an
agency has acted within its statutory authority,' as courts had the 'special
competence' to provide answers on 'statutory ambiguities.' Agency
interpretations may now 'persuade' courts, but courts no longer owe them any
kind of deference.
"In short, the courts have more power to approve or reject regulatory decisions
made by agencies when the law is ambiguous about an agency's regulatory
authority."
MORE at:
How A Recent Supreme Court Decision May Have Already Hamstrung RFK Jr.'s Big
Plans
www.huffpost.com/entry/rfk-jr-chevron-deference_n_67472b60e4b09fd0504a873f
DOGE is probably going to take credit for things that the SCOTUS already
put into motion with this case earlier this year.
$$
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