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.

20 points

But both sides are the same.

God damn it, i wish Clinton had won so bad. It would be the exact opposite and corporations wouldn’t be getting this free reign. Fuck.

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0 points
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God damn it, i wish Clinton had won so bad. It would be the exact opposite and corporations wouldn’t be getting this free reign. Fuck. \s

FTFY.

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6 points

Literally all of these have been a long ideological lines. Do you really think she would have appointed conservatives? Are "muh both sides"ers really this out of touch with reality?

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16 points
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I wish the democrats didn’t force her, the candidate that was predicted to be weakest against Trump and the only one likely to lose, through the primary with every trick they could. The democrats tried to skew and steer their own voters and we all lost because of it.

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-9 points

She demolished sanders in the primary. Get over it. The belief that she only won because of some dirty tricks or that sanders was screwed is just nonsense. I wish he had won, and i voted for him, but unfortunately reality tells a much different story. This belief he was screwed is no different than the belief that trump was screwed in 2020.

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3 points

This is a deeply unpopular take but it’s the correct one. I caucusef for Bernie in both 2016 and 2020 and the amount of Hilary/Biden supporters to Bernie supporters in both respective years was dishearteningly high.

The only people who show up for primaries and caucuses are predominantly white, Christian heterosexuals of retirement age.

They’re absolutely fucking terrified of anything remotely approaching progressive policy and they’ll never, ever let us run anyone who doesn’t make them feel safe with all their old white money.

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2 points

It’s possible to defeat a popular progressive like sabders when you have the backing of the party establishment and their corporate media apparatus.

Clinton won her primary through voter suppression by the DNC and corporate, that doesn’t make her a better candidate. The General proved that.

If she “demolished” Sanders, and then lost to Donald Trump, that means Trump is therefore the “best” candidate. That’s your logic here.

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6 points

Yeah, the early primaries really do benefit establishment democrats, and it seemingly painted a damning picture for Bernie. I think if we had synchronized primaries, this benefit would be much smaller and Bernie would’ve had a significant shot.

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8 points

The delegates all predicated their votes to make it look like Hillary had already won before the elections even started

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5 points

The only one likely to lose? I think you have your facts confused on that one.

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3 points

I don’t. She was predicted to be the weakest against Trump during the primaries.

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7 points

TBH with how Obama treated Netanyahu versus Trump admin backing single state solution: I bet the war on the Gaza Strip wouldn’t be happening, either. Not at the same scale, at least.

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5 points

Clinton is super pro-corporate, what are you on about? She was unelectable and never should’ve run, she’s directly responsible for Trump.

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4 points

You think she would have nominated people like kagan or people like gorsuch? Did you see how these votes went down partisan lines? I see for your other responses to me that reality ain’t necessarily your thing, but just try to think about this rationally for a second.

That being said, if sanders had won the wh, his choices would have likely been even better.

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59 points

I wish Gore had won, every other headline wouldn’t be about the impending climate doom and what we’re not doing to stop it

Oh wait, he DID win and the fucking court stole it

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1 point
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FL would’ve been a landslide and the courts wouldn’t have even been asked if the greens voted for Gore.

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11 points

Don’t forget that 3 of the current justices (Barrett, roberts, kavanaugh) were on bush’s legal team in 2000 Bush vs Gore

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-7 points

Truly, the best democracy money can buy. “This was the supreme court”, all of which was appointed by different presidents in different time periods, so a direct consequence of political will

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16 points

Holy shit i can’t believe someone is trying to both sides this. Trump got three nominees, and put 3 far right wing people on the court. If Clinton had put three people on, this would have all gone absolutely been like left wing of the court now, and these people would have gone the other way. And we still have morons clinging to the nonsense that it’s the fault of both sides. Amazing.

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-5 points

I’m not murican, I only know that the US supreme court has at least 9 justices. 3 is a significant number, but not a majority, and only half of the 6 votes that said “akshually, public officers receiving gifts after doing a favor isn’t bribery”

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7 points

I’m not murican, I only know that the US supreme court has at least 9 justices.

You should then also realize how little you know about it and not use it to make sweeping generalizations about America politics.

But no, you’re still trying to both sides it. Fucking wow.

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0 points

I don’t think characterizing them as all being far right hacks is very accurate. Gorsuch for example wrote Bostock v Clayton County (Stopping people from being from being fired for sexual identity or orientation), McGirt v Oklahoma (Upholding a long ignored treaty with the Creek nation), and Ramos v Louisiana (Killing a Jim Crow law designed to disadvantage minorities in criminal trials). They just abide a different judicial doctrine.

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1 point

On most of these cases, the left side has voted one way and the right the other. The other poster made the ridiculous claim that had Clinton instead appointed 3 justices, giving the court of 5-4 left majority, that it still would have gone down the same way.

What opinions gorsuch has written has no bearing on this. I’m not even sure why you’re bringing it up.

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47 points

The illusion of democracy has entirely worn off. When are we taking to the streets with guns?

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-25 points

Democracy isn’t when appointed officials always side with other appointed officials.

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26 points

It’s when appointed officials side with the people, and the people are educated and thoughtful.

Or so I’m told. I’ve never actually seen one. It’s like a unicorn.

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2 points

They say so many things about magical place called European Union, where all unicorns live.

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2 points

As the saying goes, “Democracy is the worst form of government, except for all the others.”

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1 point

These are hugely unpopular moves from the supreme court.

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4 points

When are we taking to the streets with guns?

After we disarm the extremely weaponized cops, military, etc… And we don’t even need guns.

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6 points

lol. you’ll just legislate the revolution, amirite?

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3 points

We need guns because we’ll never disarm the state’s goons.

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6 points

don’t take to the streets. take to the dark web. be smart. don’t be a mob. know which targets bring the most results. clandestine and precise. once upon a time, we had very smart people at the helm of the internet. i fear those people don’t exist any more.

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3 points

That takes an amount of cunning and resources that few people have. I think most people with the ability to do that benefit from the current status quo.

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-16 points

Maybe an unpopular opinion here on lemmy, but I think this is a good thing.

Chevron is a good idea in theory, give experts in regulating a specific thing more leeway to manage that. Problem is if you give a bureaucratic agency an inch they become maniacal dictators. They start calling bees a kind of fish and a puddle in your backyard a lake, they randomly change up their own decisions making normal people criminals overnight or vice versa, and sometimes they even just try to make their own rules.

If you want a law then make a law, don’t have an unelected bureaucrat issue an edict. If the legislative branch is a mess the solution is to fix the mess, not hand off their powers to the executive branch. Again, if used by level headed people it would have been great, but eventually after so many decisions that would sound too comical for a parody we can’t have nice things anymore.

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20 points

Do you have any non-hyperbolic examples of this kind of overreach?

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5 points

Since they won’t answer, let me answer for them…

No. They have no examples or citations for any of their nonsense.

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4 points

I think their alluding to a California Bee interpretation another commenter mentioned and perhaps Sackett v EPA for the one after that. For the switching one I read that probably referring to multiple cases but the BATFE pistol brace interpretation has gone through multiple instances, several implicating hundreds of thousands into felons. For the making up rules I’d guess they were talking about the recent court decision where the agency decided they could hold fishers accountable for compliance officer’s salaries despite the law not state that they could do that.

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11 points

iirc they DID classify bees as fish but only because it was the only way they could enact any kind of protections for them.

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10 points
*

And it wasn’t a “bureaucratic agency” either.

Legislators made a law classifying invertebrates as fish. And judges interpreted the law as written. This is the clownery that happens when people with zero expertise control the law.

This is exactly what that fool was advocating for…

If you want a law then make a law, don’t have an unelected bureaucrat issue an edict.

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176 points

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.

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-28 points

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.

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18 points

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.

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1 point

They are, but also they are ¯\_(ツ)_/¯

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120 points

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.

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41 points

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.

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19 points

You said “or” there when really it should be “and”

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0 points

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.

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18 points

Considering the context, I took it as an inclusive or.

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0 points
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7 points

To be consistently evil you need checks and balances. This is the system at work.

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19 points

Ironic considering everything they’re “overturning” is former Supreme Court rulings that granted all these rights.

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