The downfall of Chevron deference could completely change the ways courts review net neutrality, according to Bloomberg Intelligence’s Matt Schettenhelm. “The FCC’s 2024 effort to reinstitute federal broadband regulation is the latest chapter in a long-running regulatory saga, yet we think the demise of deference will change its course in a fundamental way,” he wrote in a recent report. “This time, we don’t expect the FCC to prevail in court as it did in 2016.” Schettenhelm estimated an 80 percent chance of the FCC’s newest net neutrality order being blocked or overturned in the absence of Chevron deference.
Federal Trade Commission Chair Lina Khan has made no secret of her ambitions to use the agency’s authority to take bold action to restore competition to digital markets and protect consumers. But with Chevron being overturned amid a broader movement undermining agency authority without clear direction from Congress, Schettenhelm said, “it’s about the worst possible time for the FTC to be claiming novel rulemaking power to address unfair competition issues in a way that it never has before.”
Khan’s methods have drawn intense criticism from the business community, most recently with the agency’s labor-friendly rulemaking banning noncompete agreements in employment contracts. That action relies on the FTC’s interpretation of its authority to allow it to take action in this area — the kind of thing that brings up questions about agency deference.
I’m not an American but my impression is the Supreme Court is mainly designed as a last bulwark to ensure the US never under any circumstances ever does anything remotely good and this isn’t exactly improving that impression.
It’s simply an institution meant to interpret laws and their legality. All of that goes out the window when the people in said institution are politically charged, corrupt, or make bad arguments.
Corrupt doesn’t even begin to describe it these days. They ruled recently that they are legally allowed to accept bribes, so long as the bribe comes after the decision is made.
The laws of the United States of America are literally for sale by conservative judges. This breach of justice is actively dismantling a cornerstone of our countries successful history.
Oh, the irony, that the “conservative” party is the one radically destroying the highest court in America. Their supporters can wave all the flags they want this week, but what they represent is actively destroying this country.
It’s FOR the people BY the people, not for the highest bidder. at least, that’s how it used to be before Trump’s presidency.
For some justices, I agree. However, as a general principle, I think of the vast majority of “bad people” as incompetent rather than malicious unless there’s proof of guilt. I don’t know enough about all 9 justices to comfortably say they’re evil or corrupt.
They interpret the law. And when existing law has bad policy outcomes people get made that 9 unelected lawyers in robes aren’t legislating for us. When the out comes are good people don’t hear about them or forget them.
Ehhhhh you’re kind of ignoring in power/out of power dynamics here and the overwhelmingly conservative slant they’ve adopted the last few years.
