Subject: Re: Revisiting Chevron
If the US Supreme Court reverses the Chevron precedent, it will be in complete denial of the nature of ANY modern industrialized democracy. It is IMPOSSIBLE to funnel EVERY rule-making decision related to a larger direction set forth in a law back through a legistlative process. Claiming that concepts of administrative law and rule-making are violations of the people's sovereignty and amount to an unconstititutional vesting of power in unelected officials is Federalist Society hyperbole providing cover for the goal of elimiminating all meaningful protections of worker safety, environmental protection, financial protection and basic civil rights provided by a government managing the affairs of hundreds of millions of citizens.
Do the people advocating such an extreme position seriously think we will revert to some idyllic democratic fantasyland theme park (Disney's House of Burgesses?) where every micro-decision will be decided in a small open-window hall on a hot sunny afternoon in 1700s Virginia by a bunch of MEN walking around in short pants, white whigs and tri-corner hats? No, they want to toss out as many regulations as possible and paralyze the legistlative branch's ability to reinstate ANY of them.
In a rational world, there is ZERO excuse for such a case getting heard in the USSC. The fact that it IS getting heard confirms the court has previously signalled it is EAGER to find excuses / rationales for gutting much if not all of these controls made possible by this precedent. They clearly have no regard for precedent so the danger of a catastrophically flawed ruling seems to be WAY above fifty percent.
WTH