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Highly recommend the series as well! Very fun to read


Devastating that expertise will no longer influence the application of law and policy. The biggest question is who will interpret the application of law? Will it be challenged in court once again until a clear statement is made? Meanwhile, what will be the effects of this “deregulation” until a clear statement is made


The constitution mandates that the courts interpret the law. Thomas and Gorsuch are right in their concurrences, allowing the executive branch to both enforce and interpret law is abhorrent to our constitution's proscribed separation of powers.


Except Chevron was just codification of the status quo that had existed since the founding of the country.

Congress cannot be expected to craft every bit of law and regulation down to the finest detail, and the gridlock that has been congress over the past several decades should make it clear that it's practically impossible. The regulatory power of federal agencies has never been broad and without oversight from other branches - they operate on the authority given to them by Congress.

The executive branch has not just been creating agencies wholesale and giving them sweeping regulatory powers, congress has passed laws creating them and delegating authority to them.

As others have mentioned, you can look at the joke that is the patent system and the absurd games played around the law there to get an idea of what we're in for with this decision. I don't understand how anyone can think that's the place we want to get to for everything else.


The Federalist Society and its adherents see an ineffective Congress, and a general inability to enforce regulations, as a goal.


My voting pattern is to ensure minimum cohesion between parties in the State. When all parties agree, watch out they're a-comin'!


No, we believe we should follow what the Constitution says even if it’s convenient. There’s virtually nothing that unites Federalist Society members (many of whom are Biden voters) apart from an engineers’ commitment to technical accuracy over practical effects.


Constitutional scholars since the founding of the nation have taken no issue with Congress delegating authority to federal agencies, and the initial Chevron decision followed along those lines.

Why is it only now, with the hyper-politicization of the SC, with interested parties spending significant money providing luxury and lavish accommodations to at least one member of the SC, that this previously accepted interpretation of the constitution is suddenly in question?


Chevron is about who interprets statutory law, agencies or courts. That question has been controversial for 100 years, ever since we have had administrative agencies. For example, the Supreme Court decided in 1944 that courts should give some respect to agency interpretations, but the court had the final say: https://en.wikipedia.org/wiki/Skidmore_v._Swift_%26_Co. Chevron didn’t create the deference concept until 40 years after that.

Chevron was always contentious, and applied by courts in a rather haphazard way. But overturning it wasn’t “political.” It was originally decided by five republicans and a Democrat (with three justices not participating) and was overturned by six republicans. What happened was an ideological shift in the Republican Party to separation of powers that’s been going on since the 1980s.

Law nerds have been talking about this for decades. The only thing "politicized" is how the media is using public ignorance of how the legal system works to attack the Supreme Court for an extremely academic legal issue.


> Chevron was always contentious […]

Chevron was a unanimous 6-0 decision: there was no debate on its principles at the time.

Chevron said that it was not up to the courts to decide policy when there was ambiguity:

> When a challenge to an agency construction of a statutory provision, fairly conceptualized, really centers on the wisdom of the agency's policy, rather than whether it is a reasonable choice within a gap left open by Congress, the challenge must fail. In such a case, federal judges—who have no constituency—have a duty to respect legitimate policy choices made by those who do. The responsibilities for assessing the wisdom of such policy choices and resolving the struggle between competing views of the public interest are not judicial ones: "Our Constitution vests such responsibilities in the political branches."

If there is ambiguity it is either on purpose (to allow flexibility) or by accident (unforeseen or change circumstances): it was thought that it is best for policy makers to deal with that ambiguity.

Remember: the agencies are headed by an Executive that is elected (President), and run my administrators (Secretaries, Directors) that are Senate-confirmed. There is connection to the will of The People throughout their operation.


> there was no debate on its principles at the time

The part that made Chevron consequential wasn’t recognised at the time.


I dispute this. It seems to me that if Congress was vague, it knew it was ceding power to the agency to decide; and that the court in Chevron considered it normal that the fallout from poor decisions should land upon those seeking legislative or executive re-election.

I can see both good and bad outcomes from today's decision (though I think in the short term it will multiply litigative and executive brinksmanship without elevating legislative standards), but I really don't agree with the idea that the justices who originally decided it were just clueless about the implications.


Citing a prior ruling that contains more precedence around the idea that federal agencies should have the right to interpret and enforce regulations is an interesting way to argue that it's a controversial topic. You cite a link that explicitly talks about deference and then claim that the concept didn't exist until 40 years later.

I'm also unsure how the political makeup of the court 80 years ago has anything to do with whether or not the court is more political now than ever, particularly in reference to something that actually is controversial - a justice and his family receiving significant compensation from politically motivated companies, including those that have a vested interest in decisions that he refuses to recuse himself from.


> Citing a prior ruling that contains more precedence around the idea that federal agencies should have the right to interpret and enforce regulations is an interesting way to argue that it's a controversial topic.

That's not what Skidmore said. It said that courts should defer to agency interpretations to the degree they are "persuasive." Which is almost a truism--obviously courts can defer to reasoning they find persuasive. Chevron went further, and required courts to defer to agency interpretations if they were "reasonable," even if the court would have interpreted the law differently.

> I'm also unsure how the political makeup of the court 80 years ago has anything to do with whether or not the court is more political now than ever

The Court is less political than ever. In the mid-20th century, the Court was at the peak of politicization, striking down democratically adopted laws based on "emanations from penumbras" of constitutional provisions.

Regarding Thomas, you sound like you're reading from some sort of talking points. Thomas was the OG constitutional purist. The notion that he's developed this views because he want on vacations with his personal friend is absurd.


I imagine both of us sound to the other like we're reading from a list of talking points. On your side, I see your replies as twisting things around to try and get to being right through some narrow definition - obviously Chevron further codified things - otherwise we'd just reference Skidmore and be done with it. But that doesn't change the fact that it was codifying existing practices, which is my entire point.

As for Thomas, I do not understand how any rational human being could make excuses for him (or Alito, to a smaller extent.) If you don't think it is a massive conflict of interest to be taking part in rulings related to the interests of Crow when he has received millions of dollars worth of perks, vacations, etc. from him, I don't know that we can have a serious conversation. How can anyone remain impartial when the interests of someone who has lavished them with the equivalent of many millions of dollars in gifts are in the balance? I'm also not stating that Thomas is newly compromised, so I'm not sure that his original positions mean much when I believe he's been compromised from the start. The difference is now that he and his compatriots are firmly in the driver's seat.


> I imagine both of us sound to the other like we're reading from a list of talking points.

I’m talking about an academic debate around Chevron that’s been around ever since I started law school, and was already robust for a couple of decades before that. This trying to connect it to Thomas’s vacations thing has come out overnight and seems out of a script.

> But that doesn't change the fact that it was codifying existing practices, which is my entire point.

That certainly not what I learned in my administrative law class! Skidmore says judges may defer to the agency if they find the agency’s interpretation persuasive. But the judge always retains the power to decide the meaning of the statute itself. Chevron changes that significantly. The agency interprets the statute, and the court can only disagree if that interpretation is unreasonable. And Chevron allows the meaning of the statute to change with each administration.

> As for Thomas, I do not understand how any rational human being could make excuses for him (or Alito, to a smaller extent.) If you don't think it is a massive conflict of interest to be taking part in rulings related to the interests of Crow when he has received millions of dollars worth of perks, vacations, etc. from him, I don't know that we can have a serious conversation.

You’re misreporting the facts, probably because you’re reading from talking points: https://www.forbes.com/sites/saradorn/2023/04/24/supreme-cou.... There was one 2004 case, involving a portfolio company of Crow’s firm, where Crow was not involved in the management. Critically: “Crow Holdings and Harlan Crow’s name do not appear on the 2004 court filings.” And the Supreme Court rejected the company’s certiorari petition.

The Supreme Court gets thousands of certiorari petitions every year. They identify conflicts based on the people who are named in the filings. (That’s how all judges do it.) The idea that he’s corrupt because he voted against hearing a certiorari petition—to the detriment of the company—in a case where Crowe’s name or his company’s name don’t appear, is ridiculous. It’s a deliberate effort to try and delegitimize the court through mudslinging.


> This trying to connect it to Thomas’s vacations thing has come out overnight and seems out of a script.

Overnight? This has been brewing for years - we continue to receive more and more information, but it's hardly anything new.

> That certainly not what I learned in my administrative law class! Skidmore says judges may defer to the agency if they find the agency’s interpretation persuasive. But the judge always retains the power to decide the meaning of the statute itself. Chevron changes that significantly. The agency interprets the statute, and the court can only disagree if that interpretation is unreasonable. And Chevron allows the meaning of the statute to change with each administration.

I'm not sure if I'm being strawmanned here or we're just talking past each other.

My point is that federal agencies had been taking regulatory action before both Skidmore and Chevron. Do you disagree with this statement? If so, how do you suppose that these cases even got to the Supreme Court? I am not arguing that Skidmore and Chevron did not further codify the procedures, but that the status quo was Congress being able to create federal agencies with regulatory authority, and that the explicit reversal of Chevron is a significant neutering of the ability for both the legislative and executive branch to do that.

> Critically: “Crow Holdings and Harlan Crow’s name do not appear on the 2004 court filings.” And the Supreme Court rejected the company’s certiorari petition.

Crow spends significant portions of his fortune on political lobbying. He clearly has interests that the Supreme Court weighs in on that do not involve him or his companies directly as a plaintiff or defendant. I think it is ludicrous that any justice would feel it is acceptable to receive millions of dollars in benefits from someone who is so active in the political arena, and I would say the same if it came to light that liberal justices had done so. How you think it isn't a conflict of interest is beyond me. I know I have biases on, say, gun control, due to having several friends that are extremely pro-gun, and the most they buy for me is drinks on my birthday. It beggars belief that you honestly think Thomas would not be influenced in his decisions by his "personal friend's" largesse.


> The Court is less political than ever.

They're going through precedent like cordwood, that's not apolitical by any stretch of the imagination. Don't mistake your politics for neutrality


> But overturning it wasn’t “political.” It was originally decided by five republicans and a Democrat (with three justices not participating) and was overturned by six republicans. What happened was an ideological shift in the Republican Party

Your conclusion doesn't match your argument. The original decision was voted in along party lines, the party ideology changed, and now it's been overturned again along party lines. How is that not political?


Erm... I think there will be problems as a result of this, but your comment is wildly bad on a number of levels.

#1 - Chevron deference as a rule comes out of Chevron, and the idea that Chevron just encoded something that was already always done is ahistorical. Both before Chevron and going forward, courts will still often defer to agency interpretation when that makes sense. They just won't be compelled to look at it so uncritically.

#2 - The idea that Chevron has been uncontroversial until now is totally detached from reality, and is a dead giveaway that you really don't know much about this.


#1 - Prior to Chevron, did Congress delegate authority to federal agencies to impose regulations? The answer is yes. Prior to Skidmore, did Congress delegate authority to federal agencies to impose regulations? The answer is yes.

The fact that Chevron codified things in a more structured way does not change the fact that it was a ruling about an existing practice. How are you arguing otherwise? Both rulings were about things that were already happening. Neither Skidmore or Chevron resulted in the brand new practice of federal agencies having regulatory power.

#2 - Of course there is always dissent around laws and decisions. Obviously, however, the majority of the past century has had further support for federal agencies having regulatory power. It is only the past half decade where there has been significant pushback. People are sitting here complaining about how for so long the SC increased their deference to Chevron - how would that be the case if it was controversial within the court? Weird that we had more than 70 years of the courts just strengthening their position on this if it was so controversial the whole time, rather than something that has been a significant change over the past half decade.


How would you feel about someone who says "we believe we should follow what the bible says even if it’s (in)convenient"?


That is a false equivalency. The Constitution is an explicit definition of what the federal government is and what they are allowed to do. The Bible is a collection of a bunch of ancient stories.


Your quote reminded me of people with strong character: admitting to a mistake when it might cost them their job, urging a friend to return a stolen item, asking fellow church members to get to know a paralyzed man.

Putting aside personal convenience is fundamental to loving God and neighbor at times.


> Putting aside personal convenience is fundamental to loving God and neighbor at times.

No, it's fundamental to character. It's not exclusive to religion. That's just part of the myth.


I'll just point out that loving God and neighbor is a paraphrase of a specific quote from the Bible. That's why I mentioned it. The quote is "Love the Lord your God with all your heart and with all your soul and with all your mind and with all your strength. The second is this: love your neighbor as yourself. There is no commandment greater than these.”


Where's your following of the other significantly more inconvenient parts?

Mixed fibers, prohibitions against eating pork, tattoos, fully submissive women, uncovered heads, slavery, divorce, etc

Some people actually do attempt to follow some of these things, but there's even contradictory information in the same book!


I’m not sure what you’re wanting, sorry. The quote that started this reminded me of some principled Christians I’ve admired.


Being fundamental to character, love of God, and love of your neighbor are not mutually exclusive claims.

Someone could come up with a definition for each that excludes this need, but that is true of character and any subjective definition.


I think the Catholic church for example should do that. The constitution is like America’s Bible.


In the context of a Church controversy where members of the church agree that the Bible is their foundational doctrine? I’d feel exactly the same.


Seems fine. Not everything in life is convenient. In fact, many of the most important things are hard.


I mean, I’ve never been able to wrap my head around people who are Christian (or whatever) and pick and choose which of the religions “rules” to follow.

I realize to not do so in general makes society a pretty awful place, but most religions say you’ll go to hell if you don’t.

It’s the Supreme Court’s job to explicitly follow the constitution. In your example I want them to be religious fundamentalists. If that turns out to be an issue we have a body that can change our society’s “bible.”


Jesus never revoked Leviticus. So that'll be a hard sell for most.


| an engineers’ commitment to technical accuracy over practical effects

This reads like the design of nightmares.


Textualism when convenient you mean.


"Federalist Society" and "commitment to technical accuracy" are diametrically opposed concepts. You are right about them not caring about the practical effects of their actions.


The federalist society is far right, and any attempt to suggest otherwise is laughable.


In your view, "far right" is believing that:

1) Courts should interpret statutes, not executive branch agencies

2) The separation of powers that the founders went to a lot of trouble to implement in the constitution must be respected

3) Judges can't gin up new "rights" from "emanations from penumbras" in the Constitution.

These are not "far right" positions--they are obviously correct. They're the version of government you learned in 8th grade. If they weren't inconvenient for your preferred policy preferences, you would think that too.


This is not a particularly fair representation of the general state of the Federalist society's goals (I don't even think it's a particularly good representation of FedSoc's position on this case, but it certainly isn't a good representation of FedSoc's position on e.g. religious freedom).

> Courts should interpret statutes, not executive branch agencies

This is, of course, impossible. If a statute creates a federal agency, the agency must, definitionally, interpret the statute. The agency cannot simply wait for a court to rule on its legitimacy to exist, much less its ability to take particular actions. This doesn't mean that executive overreach shouldn't be curtailed by the judiciary, but using a standard that good-faith, "reasonable" executive interpretations of a statute are valid is a fine standard.

> Judges can't gin up new "rights" from "emanations from penumbras" in the Constitution.

The 9th amendment (and federalist #84) would have some things to say about this.

> The separation of powers that the founders went to a lot of trouble to implement in the constitution must be respected

This is pretty dubious, there's a clear history and tradition, going back to before the founding, of debate on the level of federation and separation of powers, and the shape of the branches' and federal vs. state powers wasn't clearly established until at least 50+ years after the founding (Marbury v. Madison and to an extent Worcester v. Georgia).


> > Judges can't gin up new "rights" from "emanations from penumbras" in the Constitution.

> The 9th amendment (and federalist #84) would have some things to say about this.

Funny how the 9th amendment was meant to be a bulwark against textualism, isn't it? Much like the "well-regulated militia," this original text of the constitution is ignored in favor of latter-day ideology.


The idea that FedSoc is even particularly coherent in its members views is blowing my mind. I dislike plenty of recent actions by the org, but FedSoc has always been a very broad organization -- not even a "coalition" on much of anything. When I was in law school you could find people representing 2/3 of the entire political compass in its speaker directory. Maybe that's shifted a bit since Trump, but without digging I can even think of a handful of FedSoc-aligned people opposed to overturning Chevron.


They have swung full Trumpist. There is no room for both siderism here. They are against the peaceful transfer of power.


Yeah, "full Trumpist," like the FedSoc members behind trying to get Trump removed from the ballot?


> There’s virtually nothing that unites Federalist Society members (many of whom are Biden voters) apart from an engineers’ commitment to technical accuracy over practical effects.

In what fantasy universe do Federalist Society members vote for Biden? They have been backing conservative and libertarians for generations. Their members are part of the Supreme Court and clearly do not want a democracy anymore. They are the antithesis of liberal political positions. I call utter bullshit.

How do their views even remotely line up with Biden voters?


There’s tons of Biden voters in federalist society because it’s not like Trump is much of a rule follower. And Biden himself for most of his career was a conservative Democrat.

But I’m flummoxed by something. What does “democracy” mean to liberals? You’re the ones who want courts to decide issues that most other advanced democracies leave to voters, right? You believe in unelected bureaucrats and experts governing the country instead of elected officials. You seem to be using “democracy” in a very odd way to refer to rule by educated elites.


We elect the executive to set the policy for and run the executive branch.

An EPA employee doesn’t “rule” any more than a congressional staffer or court clerk.


The Senate allocates equal representation per state regardless of population size. Our elections actually just vote electors who then vote in an electoral college to vote the Executive.

The US system isn't a pure democracy, it's never been. Given that, it's a largely political matter which institutions you feel should be more democratic than others. Article III comes after Articles I and II and many believe this is the order of importance that branches are given in government. Really where we differ is our politics, this is not a debate on obvious constitutional interpretation.


And of course a Congress bought and paid for by lobbyists will actually represent voters, right? The US is a broken country in decline and actively working towards its own destruction


> There’s tons of Biden voters in federalist society because it’s not like Trump is much of a rule follower.

This assumes that the Federalist Society cares about rule followers. It is after all the folks that gave Trump the short list of names with Gorsuch and Kavanaugh, after McConnell refused to give Garland even a hearing.

What was the position of the Federalist Society on Garland's situation? Especially since Barrett was appointed just before an election.

What is your position as to why Garland was not even given the time of day but Barrett was?


What makes you think the federalist society isnt organized by educated elites?


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I am right wing, because I'm from a third world country. Federalist Society is full of squishy elite beltway conservatives.


> many of whom are Biden voters

I doubt there are many left after last night.

EDIT: I anticipated some downvoting, but honestly how many FedSoc members are planning to vote for Trump? I can't think of any (and I'm a lawyer, so know more than a few).


Yeah, you’d have to be pretty ignorant to think that the president who had admitted the most federalist society members to the Supreme Court won’t be getting any votes from members of the organization that he so empowered. Like beyond the pale levels of ignorance.


Whoops, in my edit I obv meant "Biden" not "Trump".


The whole point of the judgement is that the status quo continues.

Congress passes laws, the agencies implement them, if you disagree you go to court. All it's saying is that you don't have to go to the Supremes to get your disagreement to win.

Imagine a patent system where the judge could never throw out a patent, because the experts at the agency (patent office) had granted it, so it must be valid.


This effectively neuters the ability for federal agencies to create regulations within the specific areas that Congress has tasked them with regulating. This is a significant blow to both legislative and executive branches, and further entrenches the power in the judiciary.

In both reality and your supposed system, someone could always go to appointed officials and get their patent enforced - just look at how the Eastern District of Texas operated for decades. In reality, we see far more frequent turnover and shifting of opinion in federal agencies than we do in the judiciary. Just look at how often Net Neutrality has flopped back and forth at the FCC. (Constant reversal of regulatory decisions is also an issue, but it goes to show that the idea that a patent system that exists outside of judiciary control wouldn't have plenty of opportunity to make your case to sympathetic ears is silly)


This does not neuter federal agencies. They can still make rules, and they still have deference on fact questions. The only difference is that on questions of law, they no longer have deference.


The agencies can draft any ruels they'd like and put them before congress. Perhaps we can have less rules...


philosophically I see what you're saying, but will congress be good at passing small laws to amend the ever changing regulatory landscape? I'm going to guess no. So practically this could be a nightmare


Except that instead of deciding a specific patent, now all you need is one judge to throw out "patents". Or "environmental law".


> Except Chevron was just codification of the status quo that had existed since the founding of the country.

The concept of administrative law did not even exist at the founding of the country -- executive-branch agencies making rules directly applicable to the public wasn't really a thing until about the turn of the 20th century.


> The constitution mandates that the courts interpret the law.

The idea of Congress delegating certain powers dates back to 1825:

* https://constitution.findlaw.com/article1/annotation03.html

Further precedents from the 1920s and 1930s (and more recent) are listed in the above link. It's not a new idea that some ambiguities are left to the Executive to figure out.


Congress can still delegate certain powers even after this.


And every time they will, the courts will find that the delegation is not specific enough.

Never mind that congress appoints the heads of the agencies, writes the laws directing them, and on an annual basis, renews funding for them.


Adding on to this:

In addition to funding renewals, congress can make specific tweaks at any time to correct anything they dislike with regard to the executive branch. The ruling pretends like this avenue hasn’t existed and been used the entire time.


Maybe, but since this ruling just happened today I think we will have to wait and see what happens.


> I think we will have to wait and see what happens.

What will happen is that anytime someone doesn't like a regulation, they'll now have many, many jurisdictions in which to shop for a judge that will rule in their favor.


It's not about the application of law. It's about the ambiguity of law. If anything, they'll need to rely on more expertise now, so they can craft laws that aren't open to interpretation. This is a fantastic decision on the part of the court.


> It's about the ambiguity of law. If anything, they'll need to rely on more expertise now, so they can craft laws that aren't open to interpretation.

I doubt that granting Congress more power will inspire them to be less political, more responsible, and more governed by facts. Particularly when the party that made this decision has veered completely in the opposite direction.

If anything, it will be used to prioritize "faith" over fact, like what we've seen in Oklahoma and Mississippi.


Congress isn't being granted more power here. They're being granted more (their original) responsibility.


Or... they are losing their power to delegate details to other parties when they choose to do so.


They can still delegate. They just need to be more specific in what powers they are delegating and to whom. The people they delegate to cannot give themselves more power than they were originally given.


> I doubt that granting Congress more power will inspire them to be less political,

I'm not sure I can wrap my head around the expectation that a political institution should be 'less political' -- can you explain what you are getting at here?

> more governed by facts.

Fact substantiate 'is', but politics is about 'ought', and particularly, reconciling the contradictory 'ought's that prevail in varying quarters of society. Expecting politics to be 'governed by facts' requires taking a single set of values and interests for granted, which effectively means codifying one faction's ambitions into law at the expense of everyone else.


> doubt that granting Congress more power will inspire them to be less political

Now imagine what unelected government officials who play the revolving doors game with the industry they're supposed to regulate can do.


If that party can win elections by doing that, that’s what should happen. “Expertise” carries zero weight in a democracy other than its ability to persuade voters.


> Expertise carries zero weight in a democracy other than it's ability to persuade voters.

Would you rather the "holistic healer" who says only drinking green juice for a week to "detox" your kidneys make laws? Or the person who actually went to med school for 12 years.


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If you don't trust professionals or experts in their field then there's no reason to have a discussion on this.

Let's just replace the government with a Magic 8 Ball.


This is just throwing out the baby with the bath water. You really think the proportion of "frauds" is the same among doctors and among holistic healers?


No, but I think frauds will be over represented in politics.


> If that party can win elections by doing that, that’s what should happen. “Expertise” carries zero weight in a democracy other than its ability to persuade voters.

That's a pretty idealized view: The vast majority of voters just want competent governance, with guard rails to make sure the governors don't go too far, because they (the voters) have lives to live and other things on their minds.

As to persuading voters, we should remember the joke about Islamist parties' agitation for "democracy": One man, one vote — once.


No, it’s fundamental to what democracy means and is.

If we wanted “competent governance” we would just have China or Singapore run our country.


It's a spectrum, not a binary choice.


Or... just hear me out... we could hire experts in various fields, give them general principles to follow, let them work out the details, give them the authority to enforce it, and maintain the right to step in if they overreach.

But yeah, "opinions are greater than facts" is technically a very democratic way to do things.


But historically, it ends up causing a great deal of harm.


As an aside, I've always wondered how society will drive the response to climate change into a ditch - it'll be at the hands of lawyers (because, you know, they are policy experts).


You’re looking at it. One of the main goals of this push is utterly defanging agencies like the EPA


If this defangs the EPA then it needed de-fanging. If the EPA can't make a better case for a rule than "my way or the highway" then it's a bad rule.


The EPA can make the most reasonable rule possible, based on available facts, expertise, and public consultation, and have it overturned by a handful of judicial partisans on behalf of people willing to throw money at litigation. I think we'll see a huge increase in forum shopping and demands for injunctive relief designed to grind any kind of regulatory action on any topic to a halt. In many cases litigants will bring cases without any expectation or intention of succeeding on the merits, but rather with the sole goal of tying things up in court for the duration of an electoral cycle.


From the mouth of John Roberts himself: "courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority." This is not going to end well.


>If anything, they'll need to rely on more expertise now, so they can craft laws that aren't open to interpretation.

Every law is open to interpretation. If tech can barely secure the doors on machines that execute instructions near-flawlessly, you think we can construct flawless frameworks out of inherently ambiguous linguistic building blocks run and understood by deeply human executors? This just plain doesn't work when the rubber meets the road.

Someone's going to make a choice, and SCOTUS just decided unilaterally that it's going to be a body that hasn't been able to decide anything productively for a decade.

This isn't about creating better structures for the analysis of rules; it's about gutting the regulatory capacity of agencies.


That’s why the police should determine innocence and guilt, they’re the experts.


This doesn’t prevent writing laws open to interpretation at all.


Ambiguity is built in the very nature of language. Good luck writing anything doesn't have some ambiguity built in...


>so they can craft laws that aren't open to interpretation.

In what world is this even humanly possible? Is this something conservatives actually believe can happen? If so, then they're irrational almost beyond repair.


Algorithmic law? It's what we've been [weakly] doing for millennia.


The only people who believe law is, has been, or will ever be algorithmic are SWEs to whom everything looks like a hammer.


Of course expertise will still influence the application of law and policy. The same people will still write the regulations, serve as expert witnesses in trials, and write amicus briefs. The thing that has changed is that the executive branch's preferred interpretation of laws passed by the legislative branch will no longer be granted deference by the judicial branch. They will be on a level playing field with other parties when it comes to putting forth proposed interpretations of laws.


The executive is supposed to represent the public interest, opposed to the interests wealthy enough to bring a lawsuit. We seem to have given up on that.


Aren't all of the branches of government supposed to represent the public interest? What makes the executive uniquely qualified to do so? I would think that there are few people who would say that the past two administrations have both represented the public interest. People tend to think that their favored administration was serving the public interest, and the disfavored one was tearing down the progress of his predecessor.


This assumes the court can even hear cases in a reasonable amount of time.

An overloaded court system means that defendants are put at a disadvantage and can likely be strong-armed into an agreement that is unfavorable. At least with agencies, companies knew where they stood, after all, most companies probably have a few former agents on staff.

Now it's, better hope you don't lose an injunction and you get a judge capable of understanding the technical reasons why your company should be allowed to operate in that capacity.

I don't think this is the pro-business win that conservatives claim it is. It just changes the rule of the game in ways that I think favor the government. If an agency gets an injunction, then continues to press for continuance based on the fact that they don't have the resources right now, and a judge buys it, then the company end up in judicial purgatory.


>This assumes the court can even hear cases in a reasonable amount of time.

If it's a bandwidth issue, reducing the number of extra-judicial bureaucrats and upping the number of judiciary is pretty straightforward. Seems like a pretty simple rebalancing issue.

>Now it's, better hope you don't lose an injunction and you get a judge capable of understanding the technical reasons

Why would experts (like those that were informing executive agencies on their payroll) not be called here?


Because the judiciary has been so performant as of late.


The judiciary depends on Congress for its funding, and is perennially underfunded. Arguably this suits the legislative branch because a clogged judicial pipeline encourages people to pursue legislative relief.


Untrue. The way it will work now is that judges will focus on their expertise—interpreting what the laws mean. And agency experts will focus on their expertise—applying that law to specific factual scenarios.


> judges will focus on their expertise—interpreting what the laws mean. And agency experts will focus on their expertise—applying that law to specific factual scenarios.

It's not always that simple: Sometimes, trying to interpret "the law" in the abstract, without deep knowledge of the factual context, is like being a bull in a china shop.

The conservative justices' various obsessions with textualism, originalism, and whatever other flavor of the month comes up, are often unrealistic. Ditching Chevron deference, in the teeth of decades of precedent and congressional approval, is one of those situations.

Granted, your 3d Cir. clerking experience, seeing that aspect of how the sausage is made, does give your view a certain weight. But too many judges need to start remembering that they're hired help, bureaucrats, and when Congress says "we want the agencies we create to figure out what to do, subject to political checks," it's manifestly not on federal judges to say "oh no, you can only do that in a way that lets us judges have the dominant seat at the table."


Judges are Article III, and the need for them laid out explicitly in the text of the Constitution itself.

Chevron deference, and the corpus of administrative law unsubject to judicial review it spawned, most decidedly is not.

That makes judges a bit more of a fixture in the grand scheme of things than all these "agencies" running their own pseudo-courts so that Congress critters can spend their tenure voting one another pay raises, and insider trading among themselves.

>it's manifestly not on federal judges to say "oh no, you can only do that in a way that lets us judges have the dominant seat at the table."

Actually, it manifestly is on the judiciary to say that. If Congress started adding clauses to legislation to the tune of "this law is not subject to judicial review", the judiciary is fully within it's rights as outlined by the Constitution to strike down the law, as the Legislature, by definition, cannot produce a thing with force of law contradicting a limitation placed on it by the Constitution short of another Constitutional Amendment + the requisite ratifications. An unconstitutional law, is no law at all. The issue of constitutionality is purely the realm of the judiciary. No one else. You can change what the Judiciary looks like; but you can't structurally usurp it's powers under the Constitution.

There is a reason Jefferson and Madison were really nervous about how the judiciary ended up playing out in practice though.


> If Congress started adding clauses to legislation to the tune of "this law is not subject to judicial review", the judiciary is fully within it's [sic] rights as outlined by the Constitution to strike down the law

I'm not suggesting that Congress go that far. But don't forget the Exceptions and Regulations Clause in Article III: "In all the other Cases before mentioned [i.e., establishing various grounds of federal-court jurisdiction], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."

That sounds pretty plenary to me. And Congress has sometimes exercised that power, e.g.:

* Severely limiting and even foreclosing judicial review of certain types of decision by immigration authorities: 8 U.S.C. § 1252(g)

* Ditto for decisions about Social Security: 42 U.S.C. § 405(h)

My vague recollection from law school is that SCOTUS has said that this is OK as long as Congress provides sufficient due process via other means.

> The issue of constitutionality is purely the realm of the judiciary. No one else.

It's astonishing how such an exalted view of the judge's role has taken root and spread like kudzu from its origins in John Marshall's brazenly-bootstrapped argument in Marbury v. Madison (and the All-Writs Act).


Actually without C Deference, agency experts can no longer apply that law to specific factual scenarios.


I'm not quite following here -- how does stopping executive-branch employees from stepping far outside of their technical expertise into the world of statutory interpretation and constitutional law stop them from continuing to conduct their duties prescribed by law, as explained by the judiciary?


They absolutely can apply the law to specific factual scenarios. They just can't necessarily apply new legal theories to new factual scenarios without getting challenged. The words "apply the law" generally do not mean "invent new legal theories."


Technically they still can do that but they can now be overridden by any judge for any reason. This is an obscene power-grab by our most corrupt and least accountable branch of government.


do you mean the way judges support taking away bodily autonomy or pushing Christian ideas over a separation of church and state?


Show me where either of those things are in the constitution. Section number and clause please.


Show me a greater fundamental misunderstanding of the constitution, which is not an enumerated list of rights, but an enumerated list limiting what the gov't can do. Why is that I only see you post the most specious legal arguments, rayiner? Why is it consistently the case that you misrepresent the basic principles of the US government in the service of facially decrepit arguments?


> Show me a greater fundamental misunderstanding of the constitution, which is not an enumerated list of rights, but an enumerated list limiting what the gov't can do.

You're confusing the federal government with the state governments. State governments are not limited to enumerated powers and can do anything they want.

To overturn a duly-enacted state law, you need to assert a federal constitutional right. You're correct that the constitution "is not an enumerated list of rights." But that means it's also not a source of rights! The rights must come from somewhere else.

That's why the "emanations from penumbras" reasoning is invalid. It treats the Constitution as a source of new rights that can't be found somewhere else.

> Why is that I only see you post the most specious legal arguments, rayiner?

I think most people on here get their legal analysis from political science majors on MSNBC and WaPo.


Amendments 1 and 9.


Where in the First Amendment does it say separation of church and state?

The Ninth Amendment is a savings clause. It says that the Constitution isn't meant to be an exhaustive list of rights. I.e., a right that can be identified somewhere else still exists, even if it's not mentioned in the constitution.

But by the same token, the constitution isn't a source of rights. You can't point to it for some right that isn't already pre-existing.


Well soon agency experts will focus on displaying their loyalty to Trump as their main job focus. But yes in theory what you're saying is true


What does “expertise” have to do with whether Congress authorized fishermen to be charged for government-mandated inspectors?


Congress was pretty explicit about that; they wrote it in the legislation.

https://www.law.cornell.edu/cfr/text/50/679.55


You're citing an Executive-branch regulation, not a law from Congress.


My bad.

The regulation stems from https://en.wikipedia.org/wiki/Magnuson%E2%80%93Stevens_Fishe..., which says things like:

> United States observers required under subsection (h) be permitted to be stationed aboard any such vessel and that all of the costs incurred incident to such sta- tioning, including the costs of data editing and entry and observer monitoring, be paid for, in accordance with such subsection, by the owner or operator of the vessel


The court made their decision at a very high level of abstraction, rather than limiting it to fishermen.


> Devastating that expertise will no longer influence the application of law and policy.

You've got it exactly backwards. The relevant expertise in interpreting law and policy resides with the judiciary. Allowing administrative officials with no background in constitutional law or statutory interpretation to decide for themselves what the law they operate under means has lead to devastating power imbalances and opened the door to wide-ranging corruption and overstepping of authority.


> Devastating that expertise will no longer influence the application of law and policy.

How on earth do you come to that conclusion? Nothing stop Congress from leveraging experts in drafting laws.

This simply requires that interpretation of law be done in a clear transparent way (courts), rather than by a nameless, faceless, unelected bureacrat.

How can anyone say "no, I'd rather have some bureaucrat do it"?


Judges are also unelected bureaucrats, and they are less subject to democratic oversight since they have lifetime appointments vs agency heads who are appointed by the executive branch and can be effectively "voted out" if voters choose a different president who replaces them.


But judges would never have a say as long as Congress fully fleshed out the law?


How?

When dealing with a country of over 300 million people and a near $30 trillion economy Congress cannot possibly specify things so completely that there won't be things that need interpretation.


How did it work before the Chevron defense? The USA didn't implode before 1984.

Congress would need to outline the limits of the executive function in the law. It would need to detail what the goals are (and are not).

To me this seems like a vast improvement rather than just passing a bill "regulate pollution" and then whatever the EPA decides is now law impervious to court challenges.


> How did it work before the Chevron defense?

Congress passed laws that required interpretation to actually implement. If someone disagreed with the agency interpretation they went to court. The court would then figure out an interpretation.

All Chevron deference did is tell the court that if the agency interpretation was reasonable the court should go with that.

With or without Chevron, "unelected bureaucrats" end up interpreting the law.


> With or without Chevron, "unelected bureaucrats" end up interpreting the law.

You really feel like there is no difference between a judge, schooled in the law and some GS-10 government employee?

Really? In deciding whether or not the government is following a law passed by Congress? You know, acting as a judicial expert? The "exact same unelected bureaucrats"?

Let me give you a real life example (from the people who brought the case to the Supreme Court) - the Dept of Fisheries decided that some fisherman required an observer to be on the boat when they fished (to make sure they followed regulations) and that they had to pay for it.

That was never a part of the law, only a decision by a bureaucrat. It couldn't even be challenged in court due to Chevron.

You feel that is a better situation than Americans saying "wait a second, why am I paying for this? that's not even in the law" and bringing the decision to a court of law?

You feel like taking away that power from Americans is a good thing?


>Devastating that expertise will no longer influence the application of law and policy

Not true.

Congress is free to continue to delegate to experts when it comes to writing laws and policy. What they are no longer free to do is write vague laws and policy and expect the judicial branch to inject their own favor when interpreting that vagueness. The judicial branch will once again do what it should have been doing all along: simply interpret the law.

Basically, Congress actually has to do its job and write better laws. And again, they are free to consult experts when writing these laws.

The judicial branch is actually once again functioning the way it was intended. It is restoring balance to the "checks and balances".


> and expect the judicial branch to inject their own favor when interpreting that vagueness. The judicial branch will once again do what it should have been doing all along: simply interpret the law.

No, with Chevron deference, they expected the executive branch agencies to interpret unspecified parts of certain laws, because they were the ones supposed to implement them, e.g., the definition of "source of air pollution" in the Clean Air Act of 1963. The judicial branch actually is "injecting its own behavior" in that this means they will interpret more laws than they otherwise would have.


That's pretty generous to claim that expertise is what was influencing application of law and policy before this. Agency oversight got us Ajit Pai deciding to kill net neutrality.


After which none of the doomsday scenarios people shrieked about had occurred. ISPs aren’t selling bundles that exclude certain websites, nor do cable providers privilege their streaming video traffic over Netflix.


But whose expertise. The problem is that with every change in the administration, The rules change because there are new experts that interpret the rules in a different way. Chevron deference led to instability of understanding what the law was.


Perhaps this will cause us to start electing experts instead of lifelong politicians? The number of doctors, engineers, and scientists in Congress is pathetic.


That’ll happen about the same time the Supreme Court stops being used as a political party battleground. So… never.


Devil's advocate: isn't a lifelong politician an expert in politics? Isn't it the case that with so many noobs in Congress nothing is getting done because they simply don't know how to politic to get things done? All they know how to do is run to the nearest TV camera and start slandering everybody they don't like. Then they wonder why they can't broker deals to get what they want.

Besides, very few doctors, engineers, and scientists want to have anything to do with politics. They generally abhor the practice of politics and generally don't see it as a skill they need to develop. Without that skill, they'll be just as ineffective as the Congress we have today.


I think one could make an argument that the US system of governance was designed to encourage "politicking" by populist types in the House. Love him or hate him, LBJ was excellent at this sort of thing and an ideal representative. But I've read a lot of Caro and it seems he feels the US Senate has jumped the shark in this regard. The narrative laments the glory days of high-minded debate and the occasional cane beatings, but it's hard to say if that's Caro's actual view.

But it's fair to argue the Senate wasn't built for politicking, yet that's what it's devolved into. I'm a political layman, but perhaps popular vote of senators is a terrible idea as it discourages people unwilling to play hardball to get involved... these engineers, doctors, scientists, etc. It takes a special kind of thick skin to be in national office and those type of people don't seem to gravitate to science-based fields, but rather law and professional politics.


I agree on both counts. The House was, by definition, the populist component of the government. That was the only representation that We The People got. The state legislature was supposed to elect the state senators, and the state legislature was to nominate an even smaller group of electorates to choose the president.

But the fact the state legislature elected the state senators reflects your point that the senate was intended to be more "serious."


It's a beautiful system, and it's interesting to think about how things would be different if the 17th Amendment never came about. But this ruling could bring the role of Congress in governance to the forefront again.


Well, this Congress isn't up to doing its job. All they know how to do is act like Middle Schoolers and run their mouths in front of TV cameras. They have no idea, or experience, with governance.


I don't think it is the inexperience level in congress that is the driving factor. Ted Cruz has been in the Senate since 2013, and he is absolutely one of the problematic members. Former President Trump is similarly anti-compromise and similarly a bomb-thrower rather than a politicker.

The main problem as I see it is that to many people have entered their own little political bubbles (a problem on both the major parties), and that on one side it has become common to lie outrageously (election denial, "Biden Crime Family", etc...) and to baselessly vilify their opponents in unfair and repugnant ways ("groomers", "killing babies after birth", etc...).

There is a real historical parallel to this: the U.S. Civil War. In the run-up to the election of Abraham Lincoln the Southern Democrats absolutely vilified him, saying things like he was going to free the black slaves (not his plans at all at that point) and make slaves of poor white folks. Many of these species were made on the floors of the House and Senate to be picked up in the newspapers in their home districts.

When Lincoln won (largely because the Southern Democrats split their vote), this rhetoric had taken on a life of its own and the populace was so enraged that it would have taken real leadership in the south to prevent war. And so we went to war with ourselves.

And about what really? Certainly slavery was the over-arching issue, but what specifically about it? Lincoln won on a platform of status-quo. There was to be no effort at freeing slaves (there were 4 slave-owning states in the Union, and slavery happened in a number of new territories like California during the war), and the only anti-slavery thing Lincoln committed to was to no expand slavery into the new territories: something that had already been agreed to.

The U.S. Civil War started because a failed political strategy to lie to their own voters got away from the Southern Democrats.

I am truly scared that we are approaching that today. There is no-one with any integrity left in Republican leadership. Their voters have been lied to so much and so long that the idea that the leaders of the Democratic Party both are tying to "groom" children and to literally suck their blood in some ritual to live longer are nearly main-stream within Republican circles. And Republican leadership is alright with that, so long as they think it will get them elected.


I keep telling people. Make stochastic democracy happen, where every 4 years randomly selected individuals populate the house to have a simple yay/nay vote on senate generated items ( senate can stay as is ). I used to joke about it, but I no longer think I am.


The main problem with that approach is it makes rigging the 'elections' trivial when probabilistically every result is equally as plausible as another.


The idea of selecting legislators in a similar manner to jury service is how democracy originally used to be done, and it has a lot going for it in my view.

https://en.wikipedia.org/wiki/Sortition


I'd suggest shrinking the pool somewhat, perhaps by selecting from people involved in state-level politics already? This idea that any random person is fit to be a representative is bonkers to me.

The House should be filled with the Common Man, if you will, but I'm certain the authors were envisioning a parvenu bootstrapper like Ben Franklin or a Paul Revere.

But the Senate should change too--repeal the 17th amendment and bring the election of US Senators back to the state legislative bodies. It's a key element that made us a Republic and I'm failing to see how we can even refer to ourselves as such since 1913. I find it grating when people say "our democracy" because it is true now, but shouldn't be.


Librewolf* seems to be the answer


Who's watching the watchers?...


I feel it synergizes well with their search, especially the quick answer summary of the results. Using it it feels more search than AI to me.


Yeah I don’t want to pay them to develop AI stuff.


I don't pay them to develop AI. Just like I don't pay Google to develop their ad business. I pay Kagi for search that I use (and Google for limited cloud storage) and what they do with that money is up to them.


The most difficult trend in GPUs is the lack of midrange and low range affordable GPUs. This hurts the most


Even the lower of "high-end" is starting to look awfully pricy and don't have reasonable future proof memory amount. I might be interested in reasonable GPU for gaming in 600-700€ range, already up from previous 500, but it should have 16GB of ram. As 8GB is seemingly low already in some games...


I sincerely think consumer GPUs are going the way of the sound card: Integrated into the CPU for most price brackets, with discrete options remaining only for those with specific needs (professional/enterprise) and people who don't need to ask how much something costs.


Of the latest generation Intel has a model you can grab new for $99, AMD $270, and Nvidia $280. I think that covers low and mid range pretty well, even filtering to only the absolute latest generation.

The big pinch on low/mid range for me was during the shortage period but that's long gone.


The cards at those prices are quite scrawny, and arguably poor value for the performance. Even accounting for inflation, ~$275 bought you physically beefy GPUs in previous generations.

Everything has just moved up the pricing ladder.


I've heard this a lot but I've never seen convincing reasoning, outside the GPU shortage era. It's also a bit laughable to call the 4060 scrawny by any means, but hey - it's not a 4090 if that's what we're marking expectations at. I'll use launch MSRP just to make comparison a bit quicker and this will raise the 4060 to $300 instead of the current $280.

Taking that down to 2010 dollars that'd give you ~$200, exactly what you need for the low end sub-model of the shiny new GTX 460. The beefy pairing of that would be the 480 at $500, or 2.5x the price for roughly 1.6x performance. The 4060 vs the 4080 has a little more than twice that performance gap at around 2.4x performance difference or 1.5x more a performance gap but the price difference is also larger with $280 vs $1200, or than 4x the price or 1.6x the price gap. In all, the gaps themselves aren't significantly different but the price of the highest tier card is what has changed. Does that make the lower tier SKU inherently scrawny and poor value for the performance? I don't think it has any relation really, but if it did I'd say it would make more sense it was the opposite.

Looking at absolute numbers one sees, just as expected, the 4060 is right in the top 3 for performance per dollar https://www.videocardbenchmark.net/gpu_value.html. This makes is hard to argue the performance took a huge dip either. It's not much faster than the same card in the previous generation, but it's also not much more expensive. Over many generations it's significantly advanced in both regards. Really the only card that was significantly faster than it's direct predecessor this generation was the 4090 and its pricing gives even more credence to the idea it's the price of the top SKU cards rising not the performance per dollar of the low tier SKUs rising that leads to the increased laddering. The other big change is you don't see cards like the 1030 coming out at launch. It's not as much that the market has stopped being served as much as integrated GPUs have come up to that level of task and anybody getting a dedicated wants something more not something the same.


I am thinking about physical size.

The GTX 460 is a big GPU. 332mm^2, 256 bit bus.

The RTX 4060 is less than half the size with half the bus width.

I know there are other factors, like silicon getting more expensive in general and L2 cache getting bigger, but still, the 4060 corresponds to a much "lower end" GPU in Nvidia's lineup of GPU dies.


If what matter about was physical metal area per dollar I'll be glad to sell you a hand wound 1kb of RAM for $20,000 then. It's absolutely massive in comparison to 64 GB DDR5 sticks so seems to deserve a premium as well eh? Heck if someone offered me a CPU that performed twice as well at the same price and used half the die are you going to tell them it's scrawny and poor value for performance simply because that CPU isn't as "beefy"?

The real metric for sizing silicon is transistors per dollar, not area used. Area is only used in how the fab will price a specific process and cannot be compared between process generations. I.e. it's as one factor in the overall price of among the current generation. If a billion comes out to 70 mm^2 or 700 mm^2 for the same price what difference does it make to the consumer, especially when the denser process will run the same given less power? The hard part about making good chips is, after all, not using the largest amount of metal in them rather the amount of logic and relative performance of said logic vs other implementations. Ultimately this leads to perf/dollar.


Lemmy experience is quite satisfying. Took a moment to get used to the fediverse especially with multiple duplicate communities. Yet find myself doomscrolling much less and being more satisfied than Reddit. Still a small community though…


I cannot understand why anyone would want to deal with fediverse anything. I don't want thirty places with five to twenty people that post the same few things. I want one with hundreds or thousands or more. If I want a cozy social area I'd just as soon start a group text chat. It's just the worst of every experience.


>I cannot understand why anyone would want to deal with fediverse anything.

for reassurance and redundancy. People going rouge or sites being compromised by greed or other issues are inevitable. But if one server goes down (literally or figuratively), you got 29 other servers to lean on, and it makes adding a new 30th easier.

>I want one with hundreds or thousands or more

that's still possible. Meta's new "Threads" may in fact be that. But the issue of how the internet is converging towards a few select corporations is an issue not exclusive to the fediverse. Having any kind of new forum in the 2020's overcome the networking effect is a massive feat.


OT1H, I hear you and agree it is frustrating and very bad UX. OTOH, there is no rug-pull outcome because the board of anything decided to rug-pull API access to AcitvityPub endpoints

That said, I think ActivityPub has only solved the distributed posting identity problem, and has not yet solved the "lemmy.ml shuts down" problem, in that such a thing will not take my ActivityPub identity with it, but will take a lot of the high subscriber communities with it, forcing them to relocate yet again


> Yet find myself doomscrolling much less and being more satisfied than Reddit. Still a small community though…

I think these two things are tightly related. When a platform gets too big, the content trends towards the lowest common denominator, which tends to be content that appeals to our primal fears, anger, and hatred. Lemmy is small enough that the community is still drawn together by something healthier.


> Still a small community though

Lack of content has been my biggest issue with lemmy by far. There's just not enough content right now (once the many topics I have blocked because of zero interest are removed) to sustain my mindless scrolling habit. I frequently find myself at the bottom of the barrel.

I keep hoping that this results in me just wasting less time on the phone/computer, but my addiction is overpowering.


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