Neoliberalism strikes again. Like Dobbs, right-wing, ideological control of the state and advancing a deregulatory agenda made yet another leap forward by striking down Chevron. Steve Bannon going to prison on 1 July isn’t much solace.
For nearly 100 years, Congress has delegated power to expert agencies to regulate our modern economy, set and enforce public health standards, protect consumers, and much more. Those tasks necessarily and unavoidably require agencies to make legal determinations when Congress has left gaps to fill. If the court overturns Chevron, it will have aggrandized its own power at the expense of Congress, the administrative state, and the president, and thrown critical day-to-day decisions necessary to implement scores of federal statutes to the federal judiciary. It will gum up the works for federal agencies and make it even harder for them to address big problems. Which is precisely what the critics of Chevron want.
Eventually though, the Court will have to revisit the question of how much deference agencies deserve, for which kinds of legal decisions, under what circumstances.
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Overturning the Chevron deference precedent is just the latest in a series of ringing blows the Supreme Court’s Republican-appointed conservative bloc has delivered to the ability of regulatory agencies to impose rules on powerful business interests, advancing a longstanding goal of the conservative legal movement and the donors who have funded its rise.
Just yesterday, the majority struck down the ability of agencies to enforce their rules via in-house tribunals before technical-expert administrative judges. Instead, it ruled, agencies must sue accused malefactors in federal court before juries.
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The Supreme Court's reversal of Chevron awards federal courts an extraordinary amount of power over the everyday workings of government, giving judges an easy veto over essentially every decision each agency makes—it's just a total sea change in how our government functions.
(2017)
At the Conservative Political Action Conference in February, White House strategist and former Breitbart publisher Steve Bannon laid out what he called the administration’s “three verticals.” These priorities included national security, economic nationalism, and “the deconstruction of the administrative state”—in other words, the evisceration of decades’ worth of rules and regulations and the agencies that enforce them.
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A follower on X pointed out an NBC News report showing the 70-year-old Bannon had already been assigned his prison number.
"I know it was a rough night last night for Joe Biden, but he did a much better job today with a barnburner in North Carolina, and by the way the Supreme Court unanimously told Scabrous Phlemsack Steve Bannon not to make plans for July 4th," cracked The Lincoln Project's Rick Wilson.
Meanwhile, the official Lincoln Project account remarked, "Steve Bannon is going to jail Monday, just in time for America's birthday."
Liberal activist JoJoFromJerz, similarly encouraged downtrodden Biden supporters to find joy in Bannon's misfortune.
"If you’re feeling down right now, you should know that the Supreme Court just denied sloppy Steve Bannon’s ridiculous Hail Mary to keep his cirrhotic, lice-infested, festering boil pus f---ing a-- out of the pokey," she wrote on X.
She later joked, "The question now isn’t whether or not Steve Bannon will go to prison, it’s whether or not he will finish molting while in there."
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