Chasing Cirrus

Kieran Healy @kjhealy.bsky.social [ View ] Jun 28, 2024 at 15:24 UTC

Overturning Chevron is going to usher in an era where self-taught judicial expertise in technical areas such as chemistry, statistics, mechanical engineering, biology, geomorphology, epidemiology, mathematics, and many other fields will once more be able to shine forth as it did in the Middle Ages.

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Chasing Cirrus @drymeadow.bsky.social [ View ] Jun 28, 2024 at 16:09 UTC

So in the next 5, 10, or 20 years, when you think to yourself "why can't the federal government do anything about $subject," it is because of decisions like this.

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Chasing Cirrus @drymeadow.bsky.social [ View ] Jun 28, 2024 at 16:08 UTC

And that won't happen with a major party completely invested in ensuring that effective governance can't happen. And get ready for gazillions of lawsuits challenging any regulation promulgated by a federal agency. It's gonna be like trying to get a housing project past CEQA, except national.

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Chasing Cirrus @drymeadow.bsky.social [ View ] Jun 28, 2024 at 16:06 UTC

Overturning Chevron deference means that either (a) laws must be made specific so that regulatory agencies have sufficient direction to create effective rules or (b) Congress must pass a law that makes something like the Chevron deference a statutory convention instead of a judicial convention.

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Chasing Cirrus @drymeadow.bsky.social [ View ] Jun 28, 2024 at 16:04 UTC

Chevron deference gave that legislative assumption judicial cover so that lower courts couldn't be manipulated by corporations/wealthy folks to hamstring regulations that might protect the public at the cost of corporate profits.

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Chasing Cirrus @drymeadow.bsky.social [ View ] Jun 28, 2024 at 16:01 UTC

That way, legislators could address an matter of public policy in a way that they could be confident would create the best result because experts are involved. They wouldn't need to create super-explicit laws because the experts could be trusted to know what to do without micro-management.

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Chasing Cirrus @drymeadow.bsky.social [ View ] Jun 28, 2024 at 16:00 UTC

Why did they decide this? As it turns out, agencies are generally filled with subject matter experts. The reason for this is so that legislators, who are not subject matter experts, can write legislation that say "subject matter experts at $agency should regulate $thing."

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Chasing Cirrus @drymeadow.bsky.social [ View ] Jun 28, 2024 at 15:58 UTC

Confused about the overturning of Chevron deference? Here's my simplification - Chevron deference was an 80's Supreme Court convention that basically said that courts should follow the lead of agencies when there was confusion about a law calling for regulation.

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Chasing Cirrus @drymeadow.bsky.social [ View ] Jun 28, 2024 at 15:39 UTC

Aight so this is my only take. A bad night is not reason for panic when compared to an openly dictatorial, bad-faith, self-centered, deeply compromised, tool of hostile external governments.

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Chasing Cirrus @drymeadow.bsky.social [ View ] Jun 27, 2024 at 17:15 UTC

Is there such a thing as adequate bracing this decade?

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