But theres a third case you should know about, because it will change how our government actually operates.
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The details inLoper Bright Enterprises v. Raimondoarent so important, but heres a recap.
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Its a David-and-Goliath setup: in one corner, local, small-scale herring fishermen from New Jersey.
In the other, the National Marine Fisheries Service, or Big Brother.
But ask yourself: How did this get to the Supreme Court?Are herring really top of mind?
Whats beneath the surface is far more… fishy.
;)
It was the perfect setup.
Conservative legal activists have been plotting for years, waiting for their moment.
For decades, Chevron deference shaped the inner workings of our government.
Lets say Congress writes a lawcall it the Clean Air Act.
The act creates the Environmental Protection Agency (EPA), authorizing it to regulate air pollution.
When a new technology comes along, the agency updates its rules accordingly.
But the outcome will be determined by a different variable.Who should decide?Should six unelected life-term justices decide?
Because agencies are better equipped to answer specific technical questions than judges are.
Who would you rather write rules to regulate AI, a judge or a computer scientist?
Conservative legal activists have been afterChevronfor years.
Among the public, confidence in institutions is at an all-time low across the political spectrum.
Trumps message is consistent, if anything: Its a disaster…
They dont know what theyre doing…
Were being laughed at… Other fringe candidates parrot the same language.
All these guys tell the same story:Its the governments fault, just letmehandle it.
The Supreme Court used different language, but their message is the same.
A rule of judicial humility gives way to a rule of judicial hubris…
Thanks, Jacknow I know things are worse than I thought, but what should I do?
Anytime, and heres my plan:
First, stay positivethe Olympicsare soon!
Second, remember that federal agencies do amazing things.
If were going to solve the problems of tomorrow, we have to start believing we can.