Miscellaneous And Off Topic Subjects

[Mike]

Was there a debate last night?

Yes. Here's the recap:

[Dr. Strangelove]

Courts cannot simply defer to federal agencies anymore, they must exercise some independent judgment when a statute is "ambiguous".

JFC is Kagan reading her dissent now too? What's the holdup? There's at least one more dropping.

[Dr. Strangelove]

There's one more opinion coming and because of the way they do things it's either another Roberts or Per Curium. Could be another big one.

[Mike]

Perfect timing for the 2nd Trump administration!

[Hannibal]

What are the implications of "no more Chevron"?

[Dr. Strangelove]

Perfect timing for the 2nd Trump administration!

Meh, it actually weakens the future power of Trump's administration. Honestly judges probably should be making the call and not simply allowing an agency administrator to do their thinking for them. My caution is that I think it's extremely optimistic to think judges will routinely make good decisions regarding policy subjects they know next-to-nothing about. But ultimately should they be the ones making the call? Yeah, probably.

[Mike]

Essentially, it limits the power of federal agencies to create policy. That responsibility, of course, lies with Congress. It will be much harder for them to created a bunch of regulatory nonsense from a narrow statute as they do now. It is a win if you favor limiting the power of government bureaucrats.

[Dr. Strangelove]

What are the implications of "no more Chevron"?

I would think this makes it significantly easier to sue a federal agency and win. Just one consequence. Talent can elaborate if he wants.

[Mike]

https://www.cbsnews.com/news/supreme-court-january-6-obstruction-trump/

There are 52 cases in which a defendant was convicted and sentenced on charges where the obstruction count was the sole felony, and of those, 27 are currently incarcerated, according to the Justice Department.

Man, that sounds like some folks got railroaded.

[Dr. Strangelove]

ACB wrote the dissent on that. And Jackson was in the majority. Interesting.

[crashcourse]

Have to admit both presidents were right on one point

Both in their own ways were the worse presidents of all time

If I was Bidens grandpa I'd take away his keys

If I were trumps grandpa I'd tell him to answer the question asked otherwise STFU

[Dr. Strangelove]

Need to read that decision closely but the difference between Roberts and ACB is interesting. Seems like another case where one side wants to read something literally (ACB), and the other is using context (Roberts) to say the law can't possibly mean that. Roberts concedes on page 16 that the law can be read literally to allow these prosecutions, but he doesn't believe Congress intended it to be read that way.

23-5572 Fischer v. United States (06/28/2024) (supremecourt.gov)

Convictions will be overturned. I don't think this will make it literally impossible to retry them, but the burden of proof (on the govt) is much higher now if I understand it correctly.

Ironically, the Fischer guy who brought this suit might not benefit a ton. He was convicted of six other charges, including assaulting an officer.

[Dr. Strangelove]

Monday's the last day. So Trump immunity decision plus the Florida/Texas social media laws. People who read tea leaves and keep track of who has written what think ACB could have the social media cases and Roberts almost certainly is doing the immunity one.

[THE_WIZARD_]

As a Democrat DSL...now you know how Husker Football fans feel most Sunday mornings...

[Tom W]

As a Democrat DSL...now you know how Husker Football fans feel most Sunday mornings...

Or maybe how the guys that built zeppelins felt the day after the Hindenburg blew up?