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homesweethomeMrL ,

Approved.

blazera ,
@blazera@lemmy.world avatar

The courts kind of already denying the authority of the legislature on this. These agencies were created and given authority by congress already.

roguetrick ,

Yeah, they’ve gotten to the point of saying the legislature cannot delegate it’s authority. If it stands it functionally makes modern government impossible. If Congress cannot delegate to the executive, and it cannot take on executive style decision like the Westminster system, the government just cannot function.

SkyNTP ,

Let SCOTUS enforce it. Why anyone still listens to that nut job chorus is beyond me.

Varyk ,

For anyone curious, this bill is fighting against the conservative SCOTUS decision that basically said fossil fuel and other companies don’t have to listen to the EPA or follow environmental regulations if the company has a “reasonable”(undefined) argument against said regulation.

So this law should get made. Get made good.

FireTower ,
@FireTower@lemmy.world avatar

The Loper Bright ruling was that when taken on appeal they the courts no longer have to accept a reasonable agency interpretation over a reasonable (or more reasonable) interpretation by the other party.

And the rulings isn’t just for the EPA but all other federal agencies like the IRS, ICE, and the FDA. This bill is a double edged sword depending on who has the executive seat.

dudinax ,

There’s at least a possibility of the executive having enough expertise to regulate reasonably. The courts don’t have the resources, but they’ve grabbed that power to themselves.

FireTower ,
@FireTower@lemmy.world avatar

I mean that power was there since article 3 got drafted, and reaffirmed by the text of the APA.

The issue is the legislature not being able to pass laws due to the filibuster. This has lead to agencies being forced to take up their own interpretations to adapt language beyond it’s original meaning to attempt to complete their goals, like w/ the Loper Bright case.

timewarp ,
@timewarp@lemmy.world avatar

At this point in time it isn’t enough. Republicans and the conservative justices will find whatever loopholes there are. They need to be advocating to change the role of the Supreme Court to an advisory agency only, where they have no decision-making powers.

zigmus64 ,

I’m not sure they need loopholes. They’re perfectly fine with tossing out precedent and rehashing settled law. Next step is to just make shit up.

bobs_monkey ,

The SCOTUS is necessary in a functioning system of checks and balances on power amongst the three branches of the federal government. The problem we have now is a court stacked with looney judges subverting the will of the people. We need a more effective means of maintaining balance in the court.

TrickDacy ,

Failed civics?

xmunk ,

Let’s fucking go!

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