Imagine Con Law professors trying to teach standing and stare decisis with a straight face and not getting a ton of argumentative questions from the 2Ls.
6-3 ruling, with all GOP appointed justices ruling to overturn the precedent.
> The court’s six conservative justices overturned the 1984 decision colloquially known as Chevron, long a target of conservatives. The liberal justices were in dissent.
> Billions of dollars are potentially at stake in challenges that could be spawned by the high court’s ruling. The Biden administration’s top Supreme Court lawyer had warned such a move would be an “unwarranted shock to the legal system.”
You know the funny thing? *Chevron* was decided in a case involving Reagan's EPA director, allowing her to get her way interpreting an environmental law. The EPA director? Anne Gorsuch Burford, Justice Gorsuch's mom. He just overturned a precedent that was a victory for his own mother.
It's just another example of them "believing" that power should be with whichever branch of the government they currently control. If they were to lose SCOTUS and gain back the presidency, they would say that Chevron didn't go far enough.
This ruling will kill all their grandkids. There is no stopping climate catastrophe now. Any regulation is going to be challenged making it impossible to act. Saying we are fucked doesn't even begin to cover it.
Well, not really. It may have been a victory for her at the time, but later on:
> In one of her most defining battles, Gorsuch was held in contempt of Congress in December 1982 after she refused to turn over documents related to a hazardous-waste cleanup fund.
> Administration lawyers had advised her to withhold the documents based on executive privilege, and she later criticized those lawyers – whom she called “the unholy trinity” in her memoir – for misusing her for their own agendas. Pressure mounted all around, and by March 1983 the White House forced her to resign. (In the middle of the ordeal, in February, the divorced Gorsuch married Robert Burford, then-director of the Bureau of Land Management; she became known as Anne Burford.)
At the time this was a victory for conservatives - it allowed Reagan’s appointed EPA director to make her own interpretation of EPA rules in favor of Reagan administration preferences. It can cut both ways.
In our county jail, they charge you $5.00 a day to feed you. Now, the director of jail WANTS to charge $20.00 booking fee.
I figure next they will add the tourist bed tax fee too.
What do you expect from a place whose PAST moto was "Arrive on vacation. Leave on probation."
You all come back again, you hear ?
As a fed who does some work in rulemaking, this is gonna fuck things up for a long time. Even more lawsuits, bottlenecks where Congress is silent on necessary technical procedures and substantive reasoning even in the laws they *do* manage to pass. I don’t think the general public realizes how much MORE this will grind things to crawl.
I was too young to remember when our rivers stopped catching fire with alarming regularity, but with the help of this Supreme Court, I might be able to witness it before I'm too old to be appalled in real time.
I’m fully expecting the current SCOTUS to reinstate smoking/tobacco commercials back on TV because the Surgeon General and federal departments of human health are “overreaching” and do not have authority to enforce laws.
I hate to say it, but my generation (x) has lost the fight. The rest of my life will be marked by living in a country I will hate more and more each day.
unfortunately, they're going to have to live in a world that will be experiencing the consequences of these decisions now.
At this point, the path forward will take decades to become clear. A new generation of people will have to learn what living under unregulated fascist hell will be like. Hopefully they're able to resist.
Combining yesterday's "Bribes are totally cool and ok to do" with today's "We don't give a shit what big business does they have our best interests at heart!" we are fucked...
>“The conservative justices are aggressively reshaping the foundations of our government so that the President and Congress have less power to protect the public, and corporations have more power to challenge regulations in search of profits. This ruling threatens the legitimacy of hundreds of regulations that keep us safe, protect our homes and environment, and create a level playing field for businesses to compete on.”
I agree with this sentiment. I don't trust corporations to have an interest in protecting anything other than their profits.
Removing this ruling will require our lawmakers to write **very** detailed laws to cover every little aspect of protecting the environment and public safety. The US needs to get more legit lawyers as elected officials to get any good detailed law written, and fewer MTG types who can't.
Not just write and pass detailed laws, but to update them regularly and stay informed on complex issues of numerous minute topics.
Thankfully Congress is up to the task, no doubt!
Even detailed wording isn't enough as time and technology march on, as the bump stock decision demonstrated. It's literally impossible to wrinertia. That is immune to court review and is as effective as a contemporary regulatory agency whose whole job is to keep up with a particular industry's practices. It's not that congress won't do the job right, it's that they figured out 40 years ago that it can't be done one bill at a time by a political body with 80,000 other issues to address.
This is the SC's most insulting slap across the face of separation of powers yet. And everyone saw it coming. And nobody in power did anything to stop it. The only thing protecting all the work those agencies have already done is intertia.
> And nobody in power did anything to stop it.
What can they do? They only thing you could do is pack the court or impeach a justice, neither of which is legislatively possible.
If democrats reelect Biden, retake the house, and keep the senate, there needs to be a push from Schumer to ditch the filibuster and pack the court to get rid of the influence of these ultraconservative justices. That seems like a super long shot though.
As a chemist who has been in the industry a couple decades, I am amazed and appalled at how unregulated the US is. I don't think the average person realizes how much the United States favors the health of a company over the health of our people. I would estimate that Europe is literally 30 years ahead of us when it comes to regulations.
Example: I have to make two different products which are essentially the same. The one difference is that the "safe" product that goes to European countries costs 5% more and has had all the carcinogens removed. The US version is a little bit less expensive and gets a sticker that says, "may cause cancer in California."
US companies refuse to pay the extra 5% to use the "cancer free" version, and our government refuses to regulate. So guess what... A item that often comes into contact with your food, one which could never be sold in Europe for over 30 years, is sitting in your house right now if you live in the US.
And somehow the GOP has convinced everyone that regulations are bad.... WTF.
I think, even with the immunity case, this is the most far-reaching consequential SCOTUS decision in decades. They've effectively gutted the ability of the federal government to allow experts in their fields who know what they're talking about set regulation and put that authority in the hands of a congress that has paralyzed itself due to an influx of members that put their individual agendas ahead of the well-being of the public at large.
Edit: I just want to add that Kate Shaw was on Preet Bharara's podcast last week where she pointed out that by saying the Executive branch doesn't have the authority to regulate because that power belongs to Legislative branch, knowing full-well that congress is too divided to actually serve that function, SCOTUS has effectively made itself the most powerful body of the US government sitting above the other two branches it's supposed to be coequal with.
Yes, this is the big one.
The average person probably hasn't heard much about it, but this decision will affect every single person in America – and to some extent in the entire world. 70 Supreme Court rulings and 17,000 lower court rulings relied on Chevron.
This is THE decision. It’s what the conservative movement has been gunning for for years.
This puts the Supreme Court and courts in general above every other branch. It also means literally nothing will be done because congress is in a perpetual state of gridlock because conservatives don’t want the government to work.
Remember that thing that republicans would accuse liberal judges of doing? "Judicial Activism"
This is what has happened. Every accusation is always an admission.
They are destroying stare decisis. Once precedents they disagree with are gone, their corporate overlords can rule by fiat.
Yup Chevron was so bedrock that like, without hyperbole, this is an attack on the United States and it's ability to govern itself.
I know that Biden scared the shit out of everyone last night but this is literally the kind of shit that's at stake here. Chevon wouldn't have been overturned without a Trump administration.
Imagine Trump getting a 7-2 supreme court, with 5 of them personally appointed by Trump. Imagine even the kind of okay swing votes just.... going away. Worst take after worst take after worst take for 50 years.
>Imagine Trump getting a 7-2 supreme court, with 5 of them personally appointed by Trump. Imagine even the kind of okay swing votes just.... going away. Worst take after worst take after worst take for 50 years.
Aileen Cannon is gunning hard for a seat on the SCOTUS. And it's not even a quid pro quo situation, either. She's trying as hard as she can to show Trump what a loyal little soldier she can be.
And because the Supreme Court knows that Congress will never be able to pass legislation that spells out every single detail of running a country, what it’s really saying is that the courts will decide everything.
To quote Kagan's conclusion,
>Today, the majority does not respect that judgment. It gives courts the power to make all manner of scientific and technical judgments. It gives courts the power to make all manner of policy calls, including about how to weigh competing goods and values. (See Chevron itself.) It puts courts at the apex of the administrative process as to every conceivable subject—because there are always gaps and ambiguities in regulatory statutes, and often of great import. What actions can be taken to address climate change or other environmental challenges? What will the Nation’s health-care system look like in the coming decades? Or the financial or transportation systems? What rules are going to constrain the development of A.I.? In every sphere of current or future federal regulation, expect courts from now on to play a commanding role. It is not a role Congress has given to them, in the APA or any other statute. It is a role this Court has now claimed for itself, as well as for other judges.
The upside is that this is fixable (unlike many SCOTUS rulings) because it doesn't rely on the constitution. Congress can just amend Chevron deference into the APA. It'll probably require a Democratic Trifecta and a senate supermajority but many of us have seen that in our lifetimes, and it's actually possible to do.
>Congress can just amend Chevron deference into the APA. It'll probably require a Democratic Trifecta and a senate supermajority but many of us have seen that in our lifetimes, and it's actually possible to do.
This is not comforting in the least bit.
Democratic senate supermajority. Just because we've seen it before, doesn't mean it will happen again in our lifetimes.
The president needs to fix this court ASAP and remove its' activist GOP majority. This is way too far.
Congress isn’t just too divided, they also lack the subject-specific expertise required to pass laws with the level of specificity that SCOTUS is demanding here.
This ruling basically just kneecapped the *only reasonable way* of regulating complex technical fields.
Exactly! Do you really want the MTG’s of the country making technical decisions that may affect the health and safety of yourself or your family? I sure don’t want that idiot making any big decisions about anything.
This is a major reason why voting matters, but many people ignore it. The sitting president appoints all federal judges, including SCOTUS. This Supreme Court is making these rulings because it has a Conservative majority full of ideologues who are more interested in pursuing a reactionary political agenda rather than fairly adjudicating cases or making government work better. Trump’s appointments to SCOTUS while he was in office are the reason these things are happening now. They’ve already destroyed numerous important decades-old precedents, including Roe v. Wade and now the Chevron doctrine. Losing Chevron deference is huge and will have an enormous negative impact on the way federal executive agencies operate.
If you don’t think it matters who the president is because “they’re both old,” or “both parties are the same,” hopefully this serves as your wake up call.
remember when the Senate refused to allow Obama appoint a justice because it was an election year and then rushed through a justice Trump picked weeks before the election
Yup, I don’t think that’s an exaggeration. This is going to hobble federal regulators, preventing them from fulfilling their mandate if it’s not step-by-step spelled out in law, and having to deal with inevitable challenges to existing rules. And there’s pretty much no chance Congress will enact the legislation needed to clarify things. Big win for corporations, the wealthy and a lot of special interests. Big loss for consumers, the environment, and Americans in general.
And the ramifications of all this is that’s it’s just a matter of time until groups of people find them selfs exploited by banks, or they now live in an area that has no clean drinking water and are riddled with cancer because some company has been dumping extremely toxic compounds near their homes, or have no idea if the food or drugs their taking have any safety measures because there were no laws prohibiting such things.
And these issues were things that were already bad but it can get a lot worse.
This is right. All the certainties we rely on - this food has this content, this product does what it says - out the window, especially with trump & friends
>And the ramifications of all this is that’s it’s just a matter of time until groups of people find them selfs exploited by banks, or they now live in an area that has no clean drinking water and are riddled with cancer because some company has been dumping extremely toxic compounds near their homes, or have no idea if the food or drugs their taking have any safety measures because there were no laws prohibiting such things.
And the ramifications of \*that\* will be the general perception by the public that our representative democracy is fundamentally broken, and so we need someone strong who can come in and, if you'll excuse the allusion, make the trains run on time again.
yep,
Imagine Boeing with no regulations.
Purdue pharma without FDA regulations.
Big oil without EPA regulation.
Wall street without any regulation.
Today, the supreme court has ruled that all regulations not specifically spelled out by congress are void. This is such a disaster.
I'm ashamed of my country.
Does this mean the DEA now can't schedule drugs anymore? That congress specifically has to regulate what is legal and illegal down to individual chemical compositions?
If someone (say an anti-abortion GOP Attorney General) doesn’t like a certain drug that causes abortions, they will just file suit in a friendly jurisdiction and get the drug enjoined and blocked.
Not just revisit, but overturn. He wants schools to be able to separate children by race.
[https://www.axios.com/2024/05/23/clarence-thomas-supreme-court-racial-segregation](https://www.axios.com/2024/05/23/clarence-thomas-supreme-court-racial-segregation)
Like, say, that District in West Texas with the single ultra-conservative judge? It sure is strange that he keeps getting all these test cases thrown into his jurisdiction, almost like court-shopping...
I work in ag-chem. The EPA has been coming down heavy on many crop treatments because they’re effectively diluted sarin. It’s threatening the bottom line for some of the more nefarious corps. A path to increase profit has been opened in not just the ability to sell it, but the cost to make it. The waste created in the production of this stuff is more toxic than the end product. It’s currently heavily regulated and very expensive to properly dispose of it. One check to the right judge, and we’re back to dark waters.
It's a good thing Congress has an office staffed with experts to produce concise briefs on complex issues for Congressmen to use when legislating.
Wait, no we don't, because Republicans destroyed it.
We used to have the [Congressional Office of Technology Assessment](https://en.m.wikipedia.org/wiki/Office_of_Technology_Assessment) (OTA), whose job was to employ experts in various fields of science and technology to compile briefs for Congressmen so they could understand complex issues.
Republicans defunded the office in 1995 after winning the midterms — they characterized it as "hostile to conservative interests."
Democrats submit a bill annually to restore the OTA, but Republicans vote against it en masse every time. Hillary's platform included [restoring the OTA](https://www.geneticsandsociety.org/biopolitical-times/hillary-clinton-and-office-technology-assessment), as well as restoring the position of the Assistant to the President for Science and Technology, which was eliminated by Bush, Jr.
I'm sure this will be fine... ^/s
I mean, we've been allowing people who write laws dictate food and health regulations without the aid of doctors since the at least the late 50's and look at us. Bigger than ever and DECREASING, not increasing life-spans.
How could this possibly go wrong...
>But the current high court, with a 6-3 conservative majority, has been increasingly skeptical of the powers of federal agencies.
At this point maybe the executive should likewise be more skeptical of the powers of the judiciary. For example, where in the constitution was the supreme court given the power of judicial review?
I wish someone would amplify this to the public. We had a gentleman's agreement of how the government should work. If you want to revert back to written word only, the Supreme Court becomes a recommendation, good luck enforcing anything. No more implied powers.
>> The Supreme Court on Friday upended a 40-year-old decision that made it easier for the federal government to regulate the environment, public health, workplace safety and consumer protections, delivering a far-reaching and potentially lucrative victory to business interests
In other words- mission accomplished.
I await the day SCOTUS decides corporations are not only considered people, but are henceforth considered the ONLY people entitled to rights and votes.
The next step this path is actually corporate sovereignty. Some of the consequences could mean legal immunity in some cases; the ability to negotiate their own tax rates and regulatory environments; engage in direct negotiations with other sovereign entities for their own free trade agreements; create their own laws; raise their own armies. I'm certain some corporations would love to have so many rights.
Corporate sovereignty would also mean corporate conflicts between corporations and states or between different corporations, which will make international disputes quite complicated.
The only hope is for Dems to win the next two elections, and it will still take so long to overturn this dystopia we are finding ourselves in
Hard to feel hope now...
Welcome back to the times of rivers on fire. Predatory bank lending, no consumer protection laws, etc. Basically, if a law existed that protected you from those who only care about profit, federal agencies can no longer stop them.
We get to learn a lot of hard, painful lessons because we (collectively) don't pay enough goddamn attention to our own history. We just assume that city air has always been breathable, you could just drink the tap water without getting sick, and on and on.
It's also important to note, that starts today. Today is the day baby formula starts getting filled with melamine the the day the oil refineries open the taps dumping waste into the river.
It will take a year for the FDA or whatever 3 letter organization regulates the abuse to find it, then 2 more years of legal BS for the courts to decide the FDA or EPA have zero power to regulate based on this decision.
Meanwhile the public is eating poison and the rivers are catching on fire.
Yep, the problem with saying, "Good! This puts the decision back in the hands of the people!" (via elected judges and lawmakers) is that these court cases will ***be a response*** to some grievous damage that has already occurred.
Seriously this is a terrible decision considering the state of this country. If we have no federal regulations Americans are being put in danger because the abuse will be rampant. Supreme Court is corrupt and under the rule of terrorist Trump.
So essentially what the means is that any interpretation of a law for a specific issue has to be interpreted by congress and not the cognizant agency that has the expertise in said issue. Am I understanding this correctly? If so, this is absurd and makes the government even more inefficient.
> makes the government even more inefficient.
That's the point. Bury the government in lawsuits so that no one can stop corporations from doing anything they want.
This is by design.
Starve the beast has been their motto since the Reagan era. They have said it out loud for so long, and yet people still refuse to be involved in politics and instead like to parrot the idea that both parties are similar.
It is great that we are going to stop listening to those pesky scientists and instead rely on people who think their salvation is coming any moment now.
One of the first things the Trump administration did when it took control in 2016 was redefining the estimated impact of CO2 pollution, an ambiguity delegated to administrative agencies in the executive branch by statute, to reduce the fines/taxes on CO2 emissions to nothing. Now the courts have the power to do that on their own. The fifth circuit can set its own binding precedent reducing this number to zero, and nobody but SCOTUS or congress can reverse it. The same sort of decision making will apply to microplastic pollution, PFAs, lead, asbestos, etc., with the result that there'll be huge geographic disparities in where pollution, food/drug contamination, etc is allowed and where it isn't. SCOTUS won't resolve any of it. This is, effectively, the death of federal regulation.
What other "settled law" is this SCOTUS will overturn? Looks like separation of church and state will be coming before them soon since OK education implementation.
Almost certainly the elimination of no fault divorce is coming and I'd lay money at this point they're going to overturn Obergefell. Obergefell if nothing else than because the same 14th amendment argument applied to Roe. The proper case just has to work it's way up to the court.
Also IIRC isn't interracial marriage decided on the same 14th amendment logic? So I'd put that on the chopping block eventually as well.
And that's just social stuff.
The whole project is to overturn Brown v. BOE and the New Deal, the whole foundation of modern American democracy. They don’t care if their decisions are sloppy (fucking Gorsuch confused smog for laughing gas in decision yesterday) or poorly thought out (*cough cough* Alito’s opinion in Dobbs), they hate modern liberalism and will do anything to destroy it. I, for one, am patiently waiting for Thomas’s majority opinion overturning Loving and Obergefell, can’t wait to see what he comes up with.
> (fucking Gorsuch confused smog for laughing gas in decision yesterday)
A poignant reminder of why a federal justice shouldn’t have the final say about what a regulatory agency agrees upon.
Literally destroying everything that was put in place to help advance our country.
Trump appointed a third of the Supreme Court and half the 6 fuckers that are enabling our descent.
Yea. That is quite the worry - scotus seems to be doing everything in their power to just about gut the federal government. It is like a soft coup via judiciary.
They are constantly getting bolder with every unchecked advance too. They provided 0 reasoning for all the recent decisions. Expect them to just magically rule trump only immune because 0 reasoning.
If it goes too far it won't get better, we will probably see an economical and political civil war and in 50 years so I wouldn't be surprised if USA becomes more like EU with a lot more independent states.
There's a reason Roberts has held back releasing the immunity decision till the literal last day of the term, next Monday. It's going to be fucking nuts I imagine.
At this point the MO seems fairly obvious. This court's purpose is to make our current form of government untenable. In that wake, a strongman will be advocated as the only solution moving forward and suddenly you have a very real fertile soil for Imperator Trump or some other strongman.
Decisions like this help reinforce the idea that conservatives do not see the government as an institution meant to benefit people wit large. It is simply meant to help enrich themselves and their benefactors. They have no interest in serving the American people.
It’s get yours or die trying.
And if he wins again Thomas and Alito will probably step down before the end of his term, so he will be at 5 of 9 that will last another 50 years. But I was told in 2016 that the Supreme Court wasn’t enough of a reason to vote for the Dem.
This court is on a tear to dismantle every ruling with precedence. Rolling back the Chevron ruling is an open invitation to corporate America to run rough shot over the American people.
"The court’s six **conservative** justices overturned the 1984 decision colloquially known as Chevron,"
When shit goes downhill due to this in a few years (if Trump wins) I don't want to hear a single conservative say it was Biden's fault.
It's not even the quiet part for these guys anymore. They're dismantling the will of the people and democracy. This is so goddamn alarming that they're openly dismembering our country and bringing us back years and years.
Seems almost like a feature not a bug. You undermine the institutions and make things so awful for the average citizen that they'll be begging for a Caesar.
We've seen this time and time again play out in history. You gotta break government so you can say your government doesn't work but this strong man authoritarian person will fix everything and make it stable again.
Republicans were so smart to seek control of SCOTUS, which has the very least number of people to manage. They can also act as a line item veto and decide if any aspect of any law is valid or just change the meaning of any law. Their power is immense compared to the other branches.
What is up with this court and overturning long standing precedents? I get it happens eventually as time passes, but some of these just don't make any sense to me at all. Some of their majority opinions look like something a 15 year old aspiring republican would write for school.
SEC vs Jarskey is the worst one I've seen in awhile.
This court is activist and horrifically conservative, not ruling on matter of law but ideology alone. Precedent, intent of the law, and even the literal reading of the law doesnt matter when you can bend your personal interpretation to alter its meaning and declare it unfit, or even worse rely on some bullshit 1600s ruling.
This is why presidential elections matter. This extreme rightwing court is siding with sociopaths and corporations over everything else. If R president puts two/three young extreme conservatives it is game over for the planet.
Republican court legalized bribery and now this both were straight party line votes you don't like Biden fine this happened because Trump got to appoint 3 judges and if Elected he WILL get to appoint someone worse
>Trump got to appoint 2 judges
Three: Gorsuch, Serena Joy Barrett, Beer Kavanaugh.
Plus 54 to the Federal Appeals courts.
Plus 174 to the US District Courts.
And a couple handfuls to smaller courts.
For any sane individual who’s having second thoughts about voting Democratic in the upcoming elections- especially after the media coverage of the debate yesterday, here is what’s the future holds if Republicans regain control of the government.
It's going to happen anyway; it is happening. The presidency is becoming less powerful than the supreme court with each passing ruling. The democrats need to stop pretending there are rules. Conservatives realized this long ago and that's why they're steering the ship now despite having far less popular policies. It's over. It's time to start organizing a plan for taking back the courts and reconfiguring congress to represent the people instead of the money. Unfortunately the current leader of the democratic party isn't remotely up to the challenge.
Republicans are literally polluting rivers, overfishing, polluting the skies, allowing unregulated drugs on the market, destroying water tables, cutting taxes, causing inflation, and more. Yet they are winning by saying Dems are doing it.
The Federalist Society for Law and Public Policy Studies (FedSoc) is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution.
Let's take a look at the current Federalist Society office members:
* Chief Justice of the United States John Roberts
* Supreme Court Justice Samuel Alito
* Supreme Court Justice Clarence Thomas
* Supreme Court Justice Neil Gorsuch
* Supreme Court Justice Brett Kavanaugh
* Supreme Court Justice Amy Coney Barrett
* FBI Director Christopher A. Wray
* United States Court of Appeals Judge (D.C. Cir.) Neomi Rao
* United States Court of Appeals Judge (9th Cir.) Lawrence VanDyke
* United States Court of Appeals Senior Judge (5th Cir.) Edith Brown Clement
* United States District Court for the Northern District of Texas Judge Ada E. Brown
* United States District Court for the Southern District of Florida Judge Aileen Cannon
* Senator Ted Cruz, Republican Senator of Texas
* Senator Josh Hawley, Republican Senator of Missouri
* Senator Todd Young, Republican Senator of Indiana
* Florida Supreme Court Justice Meredith Sasso
They are groomed to dismantle.
This is the most wantonly corrupt Supreme Court in history. The majority just put their descendants' health and future in (even more) jeopardy for their own short term gain. Every 6-3 decision just stacks the sleaze and filth ever higher.
>The majority just put their descendants' health and future in (even more) jeopardy for their own short term gain.
Nah the Federalist Society is playing long ball. This is a Federalist Society court, every single conservative justice was picked by the group, there's a whole agenda they want. It's written by the Heritage Foundation but check out Project 2025 and prepare to lose your shit.
This court is trying to make government impossible the way it is now, so that a unilateral executive is the only solution. They're setting us up for a dictator and I don't think it's inadvertent
Oh, I totally understand the right wants to turn this country into an authoritarian theocratic hellscape. This decision will make it an environmental one as well.
The sad thing is. It’s not going to be the US that magical fixes the environment. It’s going to take several world powers. But you have so many capitalists and greedy billionaires who are: “who cares as long as I die rich.”
This is way more immediate than climate change. We're about to head back to a time that most of us are too young to remember, or weren't even alive for - corporations just shitting on everything, unfettered, and without a single legal avenue available to hold them accountable. Agriculture, food safety, water supply, pharmaceuticals - quality control is not going to go down, it's going out the window entirely. There is no infrastructure in place now to enfore any regulation that has been standard for the last 4 decades.
It's funny, Earth Day got started because a river caught fire in Ohio and Nixon saw what was going on and started the EPA. Ford kept funding and Carter wanted us to get off crude oil because of the energy crisis when he became president. Regan, Bush Sr & Jr and especially Trump: "EF THAT!"
Here’s what’s gonna happen:
Any decision an administrative body (FDA, CDC, EPA, etc.) makes in this country is now at the whim of any federal justice deciding that they're wrong.
And with Trump justices, "wrong" is just going to mean "left wing/liberal coded."
I remember election night when Gore was robbed of the presidency. America was till then a confident, unchallenged superpower, on it's way to erase national debt.
The Onion was prescient:
[https://www.theonion.com/bush-our-long-national-nightmare-of-peace-and-prosperi-1819565882](https://www.theonion.com/bush-our-long-national-nightmare-of-peace-and-prosperi-1819565882)
This seems like a long concerted effort to turn it into a banana republic, or maybe into Putin's Russia. I can see why the Russia of autocrats and billionaires could be aspirational for some. Life is so much easier for those at the top. The Europe of rules and regulations will be the rival, it's mere existence a challenge.
I do hope people realize the US is falling apart. The longer the republicans control the Supreme Court the worse things will get and the more damage they will do.
I dont understand why people are not up in arms over this, there should be massive protests over ever damn decision of the insane republican dystopia you're crawling towards.
Just a friendly reminder to all of those people who thought they'd "send a message" to the democratic party in 2016 by not voting:
Both sides are not the same, and if Trump wins this year, he gets to replace two judges with young, sycophantic sociopaths who will help keep the courts this bad for decades to come.
> Just a friendly reminder to all of those people who thought they'd "send a message" to the democratic party in 2016 by not voting
"Good news" -- they're probably revving up to do the same this time.
This Supreme Court is overturning decisions at a break-neck, record pace. At some point, you have to ask... is it really that all of these prior court decisions (State Supreme Courts, Federal circuit courts, Appeals courts, and prior assemblages of the Federal Supreme Court itself) really wrong and bad interpretations of the law? Or is it this Supreme Court's complete corruption and partiality?
(Obviously, the answer is the latter, but I don't ever see anyone comment on how the implication of the Supreme Court is not just that they are supreme, but that the other courts are wrong extremely often.)
Republicans were the party who created the EPA in response to industrial waste causing rivers of fire. The Republicans now want to go back to those days. Between this and Project 2025, it's clear that the GOP is completely infiltrated by foreign influence that wants the USA dismantled from the inside out.
Reminder, this country is only 248 years old.
The 10th US president, John Tyler's grandson is still alive today at 91 years old.
We made so much progress, yet, we've fallen backwards and are rewinding time. What the fuck happened?
If you took Con Law even 3 years ago, your entire education has been erased
Imagine Con Law professors trying to teach standing and stare decisis with a straight face and not getting a ton of argumentative questions from the 2Ls.
Standing has been a joke for a long time now.
I took admin law 2 semesters ago, Chevron Doctrine was the entire fucking course. Now it admin law is a fucking joke.
Now do stare decisis.
But not your student loans...
FDA, EPA, FCC, FAA, OSHA, SEC. The list goes on and on, but all of these organizations have been neutered.
6-3 ruling, with all GOP appointed justices ruling to overturn the precedent. > The court’s six conservative justices overturned the 1984 decision colloquially known as Chevron, long a target of conservatives. The liberal justices were in dissent. > Billions of dollars are potentially at stake in challenges that could be spawned by the high court’s ruling. The Biden administration’s top Supreme Court lawyer had warned such a move would be an “unwarranted shock to the legal system.”
You know the funny thing? *Chevron* was decided in a case involving Reagan's EPA director, allowing her to get her way interpreting an environmental law. The EPA director? Anne Gorsuch Burford, Justice Gorsuch's mom. He just overturned a precedent that was a victory for his own mother.
They’d kill their own mother if it gave them more power.
It's just another example of them "believing" that power should be with whichever branch of the government they currently control. If they were to lose SCOTUS and gain back the presidency, they would say that Chevron didn't go far enough.
This ruling will kill all their grandkids. There is no stopping climate catastrophe now. Any regulation is going to be challenged making it impossible to act. Saying we are fucked doesn't even begin to cover it.
Well, not really. It may have been a victory for her at the time, but later on: > In one of her most defining battles, Gorsuch was held in contempt of Congress in December 1982 after she refused to turn over documents related to a hazardous-waste cleanup fund. > Administration lawyers had advised her to withhold the documents based on executive privilege, and she later criticized those lawyers – whom she called “the unholy trinity” in her memoir – for misusing her for their own agendas. Pressure mounted all around, and by March 1983 the White House forced her to resign. (In the middle of the ordeal, in February, the divorced Gorsuch married Robert Burford, then-director of the Bureau of Land Management; she became known as Anne Burford.)
At the time this was a victory for conservatives - it allowed Reagan’s appointed EPA director to make her own interpretation of EPA rules in favor of Reagan administration preferences. It can cut both ways.
Probably no coincidence that they also just said that "gratuities" are totally legal.
And bright homeless is a crime which you can go to jail now
That's right, they want you either paying ever-increasing rent or working for free in jail
In our county jail, they charge you $5.00 a day to feed you. Now, the director of jail WANTS to charge $20.00 booking fee. I figure next they will add the tourist bed tax fee too. What do you expect from a place whose PAST moto was "Arrive on vacation. Leave on probation." You all come back again, you hear ?
How many long-standing precedents overturns is this "conservative" court up to now?
As a fed who does some work in rulemaking, this is gonna fuck things up for a long time. Even more lawsuits, bottlenecks where Congress is silent on necessary technical procedures and substantive reasoning even in the laws they *do* manage to pass. I don’t think the general public realizes how much MORE this will grind things to crawl.
Exactly as intended.
I was too young to remember when our rivers stopped catching fire with alarming regularity, but with the help of this Supreme Court, I might be able to witness it before I'm too old to be appalled in real time.
Fish that double as thermometers b/c of their mercury levels? Who could want more?
Add some fish to your cattle's diet and never overcook your steak again!
I’m fully expecting the current SCOTUS to reinstate smoking/tobacco commercials back on TV because the Surgeon General and federal departments of human health are “overreaching” and do not have authority to enforce laws.
After last nights debate, I’m trying to come to terms with the 6-3 conservative majority for the rest of my life
I hate to say it, but my generation (x) has lost the fight. The rest of my life will be marked by living in a country I will hate more and more each day.
I’m a geriatric millennial but I feel the same. I just feel so bad for my kids.
unfortunately, they're going to have to live in a world that will be experiencing the consequences of these decisions now. At this point, the path forward will take decades to become clear. A new generation of people will have to learn what living under unregulated fascist hell will be like. Hopefully they're able to resist.
6-3 is generous, look forward to 7-2 at least
How long before food safety laws are weakened?
[удалено]
Lawsuits take years
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and then, when the FDA attempts to regulate them, they can cite SCOTUS precedent to have every single regulation reviewed anew without expert input.
The supreme court gave them green light to ignore all regulations as of right now.
Tomorrow. Like, no shit.
But kids **want** bone chips in their candy bars - really gives it that crunch!
Our food safety laws will be written by Monsanto now. What could go wrong?
Monsanto was acquired by Bayer a while ago. Soon, it will just be a handful of mega-corporations - like in Borderlands!
Combining yesterday's "Bribes are totally cool and ok to do" with today's "We don't give a shit what big business does they have our best interests at heart!" we are fucked...
>“The conservative justices are aggressively reshaping the foundations of our government so that the President and Congress have less power to protect the public, and corporations have more power to challenge regulations in search of profits. This ruling threatens the legitimacy of hundreds of regulations that keep us safe, protect our homes and environment, and create a level playing field for businesses to compete on.” I agree with this sentiment. I don't trust corporations to have an interest in protecting anything other than their profits. Removing this ruling will require our lawmakers to write **very** detailed laws to cover every little aspect of protecting the environment and public safety. The US needs to get more legit lawyers as elected officials to get any good detailed law written, and fewer MTG types who can't.
Not just write and pass detailed laws, but to update them regularly and stay informed on complex issues of numerous minute topics. Thankfully Congress is up to the task, no doubt!
Even detailed wording isn't enough as time and technology march on, as the bump stock decision demonstrated. It's literally impossible to wrinertia. That is immune to court review and is as effective as a contemporary regulatory agency whose whole job is to keep up with a particular industry's practices. It's not that congress won't do the job right, it's that they figured out 40 years ago that it can't be done one bill at a time by a political body with 80,000 other issues to address. This is the SC's most insulting slap across the face of separation of powers yet. And everyone saw it coming. And nobody in power did anything to stop it. The only thing protecting all the work those agencies have already done is intertia.
> And nobody in power did anything to stop it. What can they do? They only thing you could do is pack the court or impeach a justice, neither of which is legislatively possible. If democrats reelect Biden, retake the house, and keep the senate, there needs to be a push from Schumer to ditch the filibuster and pack the court to get rid of the influence of these ultraconservative justices. That seems like a super long shot though.
A river hasn't caught fire in a long time. Time to find out why regulation are necessary for both humanity and nature
As a chemist who has been in the industry a couple decades, I am amazed and appalled at how unregulated the US is. I don't think the average person realizes how much the United States favors the health of a company over the health of our people. I would estimate that Europe is literally 30 years ahead of us when it comes to regulations. Example: I have to make two different products which are essentially the same. The one difference is that the "safe" product that goes to European countries costs 5% more and has had all the carcinogens removed. The US version is a little bit less expensive and gets a sticker that says, "may cause cancer in California." US companies refuse to pay the extra 5% to use the "cancer free" version, and our government refuses to regulate. So guess what... A item that often comes into contact with your food, one which could never be sold in Europe for over 30 years, is sitting in your house right now if you live in the US. And somehow the GOP has convinced everyone that regulations are bad.... WTF.
Fellow european here Wait a few year, with the political shift we’re witnessing in Europe, the gap should be reduced but not like we wish…
This is depressing. I hate it here.
What a terrible time to be young and see this disaster being queued up for you to deal with.
Always wanted to be a father but I'm closely watching the fallout of this, if things don't get better I don't know if I'll have kids anymore
Liberal people will stop and conservatives will continue.
I think, even with the immunity case, this is the most far-reaching consequential SCOTUS decision in decades. They've effectively gutted the ability of the federal government to allow experts in their fields who know what they're talking about set regulation and put that authority in the hands of a congress that has paralyzed itself due to an influx of members that put their individual agendas ahead of the well-being of the public at large. Edit: I just want to add that Kate Shaw was on Preet Bharara's podcast last week where she pointed out that by saying the Executive branch doesn't have the authority to regulate because that power belongs to Legislative branch, knowing full-well that congress is too divided to actually serve that function, SCOTUS has effectively made itself the most powerful body of the US government sitting above the other two branches it's supposed to be coequal with.
Yes, this is the big one. The average person probably hasn't heard much about it, but this decision will affect every single person in America – and to some extent in the entire world. 70 Supreme Court rulings and 17,000 lower court rulings relied on Chevron.
This is THE decision. It’s what the conservative movement has been gunning for for years. This puts the Supreme Court and courts in general above every other branch. It also means literally nothing will be done because congress is in a perpetual state of gridlock because conservatives don’t want the government to work.
This is the second to last decision. The real prize is interstate commerce.
We are in our Republics death throes
What happened to the court demanding the legislative redoing the law. Now they just make law up.
Federalist society got the majority of judges and want to legislate from the bench because their policies are unpopular
The four boxes of liberty - soap box - jury box - ballot box ☝️👇we're all somewhere between right here right NOW, yo. - ammo box
pine box
Remember that thing that republicans would accuse liberal judges of doing? "Judicial Activism" This is what has happened. Every accusation is always an admission. They are destroying stare decisis. Once precedents they disagree with are gone, their corporate overlords can rule by fiat.
Yup Chevron was so bedrock that like, without hyperbole, this is an attack on the United States and it's ability to govern itself. I know that Biden scared the shit out of everyone last night but this is literally the kind of shit that's at stake here. Chevon wouldn't have been overturned without a Trump administration. Imagine Trump getting a 7-2 supreme court, with 5 of them personally appointed by Trump. Imagine even the kind of okay swing votes just.... going away. Worst take after worst take after worst take for 50 years.
>Imagine Trump getting a 7-2 supreme court, with 5 of them personally appointed by Trump. Imagine even the kind of okay swing votes just.... going away. Worst take after worst take after worst take for 50 years. Aileen Cannon is gunning hard for a seat on the SCOTUS. And it's not even a quid pro quo situation, either. She's trying as hard as she can to show Trump what a loyal little soldier she can be.
And because the Supreme Court knows that Congress will never be able to pass legislation that spells out every single detail of running a country, what it’s really saying is that the courts will decide everything.
To quote Kagan's conclusion, >Today, the majority does not respect that judgment. It gives courts the power to make all manner of scientific and technical judgments. It gives courts the power to make all manner of policy calls, including about how to weigh competing goods and values. (See Chevron itself.) It puts courts at the apex of the administrative process as to every conceivable subject—because there are always gaps and ambiguities in regulatory statutes, and often of great import. What actions can be taken to address climate change or other environmental challenges? What will the Nation’s health-care system look like in the coming decades? Or the financial or transportation systems? What rules are going to constrain the development of A.I.? In every sphere of current or future federal regulation, expect courts from now on to play a commanding role. It is not a role Congress has given to them, in the APA or any other statute. It is a role this Court has now claimed for itself, as well as for other judges. The upside is that this is fixable (unlike many SCOTUS rulings) because it doesn't rely on the constitution. Congress can just amend Chevron deference into the APA. It'll probably require a Democratic Trifecta and a senate supermajority but many of us have seen that in our lifetimes, and it's actually possible to do.
>Congress can just amend Chevron deference into the APA. It'll probably require a Democratic Trifecta and a senate supermajority but many of us have seen that in our lifetimes, and it's actually possible to do. This is not comforting in the least bit. Democratic senate supermajority. Just because we've seen it before, doesn't mean it will happen again in our lifetimes. The president needs to fix this court ASAP and remove its' activist GOP majority. This is way too far.
Congress isn’t just too divided, they also lack the subject-specific expertise required to pass laws with the level of specificity that SCOTUS is demanding here. This ruling basically just kneecapped the *only reasonable way* of regulating complex technical fields.
Exactly! Do you really want the MTG’s of the country making technical decisions that may affect the health and safety of yourself or your family? I sure don’t want that idiot making any big decisions about anything.
I'm sure it'll be fine, its not like they also just legalized bribery in the same week. This country is chalked
This is a major reason why voting matters, but many people ignore it. The sitting president appoints all federal judges, including SCOTUS. This Supreme Court is making these rulings because it has a Conservative majority full of ideologues who are more interested in pursuing a reactionary political agenda rather than fairly adjudicating cases or making government work better. Trump’s appointments to SCOTUS while he was in office are the reason these things are happening now. They’ve already destroyed numerous important decades-old precedents, including Roe v. Wade and now the Chevron doctrine. Losing Chevron deference is huge and will have an enormous negative impact on the way federal executive agencies operate. If you don’t think it matters who the president is because “they’re both old,” or “both parties are the same,” hopefully this serves as your wake up call.
remember when the Senate refused to allow Obama appoint a justice because it was an election year and then rushed through a justice Trump picked weeks before the election
I remember. It should have been a bigger topic in 2016.
That was the beginning of the end of my faith in this country
shit, I stopped having faith in the country after the Sandy Hook Elementary shooting.
Yup, I don’t think that’s an exaggeration. This is going to hobble federal regulators, preventing them from fulfilling their mandate if it’s not step-by-step spelled out in law, and having to deal with inevitable challenges to existing rules. And there’s pretty much no chance Congress will enact the legislation needed to clarify things. Big win for corporations, the wealthy and a lot of special interests. Big loss for consumers, the environment, and Americans in general.
This. Corporations will now write the laws that congress passes. Add in the coming gutting of civil service with project 2025.
This is the endgame and people need to wake the fuck up. Everyone's pretending like it's business as usual.
And the ramifications of all this is that’s it’s just a matter of time until groups of people find them selfs exploited by banks, or they now live in an area that has no clean drinking water and are riddled with cancer because some company has been dumping extremely toxic compounds near their homes, or have no idea if the food or drugs their taking have any safety measures because there were no laws prohibiting such things. And these issues were things that were already bad but it can get a lot worse.
This is right. All the certainties we rely on - this food has this content, this product does what it says - out the window, especially with trump & friends
>And the ramifications of all this is that’s it’s just a matter of time until groups of people find them selfs exploited by banks, or they now live in an area that has no clean drinking water and are riddled with cancer because some company has been dumping extremely toxic compounds near their homes, or have no idea if the food or drugs their taking have any safety measures because there were no laws prohibiting such things. And the ramifications of \*that\* will be the general perception by the public that our representative democracy is fundamentally broken, and so we need someone strong who can come in and, if you'll excuse the allusion, make the trains run on time again.
SCOTUS is basically blowing up the government with the knowledge that the political branches are too damn dysfunctional to fix it.
Just in time for a bunch of completely ignorant people to start working on AI laws!
yep, Imagine Boeing with no regulations. Purdue pharma without FDA regulations. Big oil without EPA regulation. Wall street without any regulation. Today, the supreme court has ruled that all regulations not specifically spelled out by congress are void. This is such a disaster. I'm ashamed of my country.
Does this mean the DEA now can't schedule drugs anymore? That congress specifically has to regulate what is legal and illegal down to individual chemical compositions?
If someone (say an anti-abortion GOP Attorney General) doesn’t like a certain drug that causes abortions, they will just file suit in a friendly jurisdiction and get the drug enjoined and blocked.
This decision is a hell of a lot worse than Dobbs. At this point I'm just wondering how they're going to out terrible Dredd Scott.
IIRC Thomas wants to revisit Brown vs Board of Education.
Not just revisit, but overturn. He wants schools to be able to separate children by race. [https://www.axios.com/2024/05/23/clarence-thomas-supreme-court-racial-segregation](https://www.axios.com/2024/05/23/clarence-thomas-supreme-court-racial-segregation)
What the fuck’s wrong with this guy? Holy fuck, wish he would segregate his ass from the Supreme Court. Fuck
Like, say, that District in West Texas with the single ultra-conservative judge? It sure is strange that he keeps getting all these test cases thrown into his jurisdiction, almost like court-shopping...
Big add to the list: Big Agriculture without FDA regulation. Do you *know* what's in your food??
I'm seeing a future where American exports are no longer accepted by countries that care what is in their food. Europe, Canada, UK, etc.
I work in ag-chem. The EPA has been coming down heavy on many crop treatments because they’re effectively diluted sarin. It’s threatening the bottom line for some of the more nefarious corps. A path to increase profit has been opened in not just the ability to sell it, but the cost to make it. The waste created in the production of this stuff is more toxic than the end product. It’s currently heavily regulated and very expensive to properly dispose of it. One check to the right judge, and we’re back to dark waters.
It's a good thing Congress has an office staffed with experts to produce concise briefs on complex issues for Congressmen to use when legislating. Wait, no we don't, because Republicans destroyed it. We used to have the [Congressional Office of Technology Assessment](https://en.m.wikipedia.org/wiki/Office_of_Technology_Assessment) (OTA), whose job was to employ experts in various fields of science and technology to compile briefs for Congressmen so they could understand complex issues. Republicans defunded the office in 1995 after winning the midterms — they characterized it as "hostile to conservative interests." Democrats submit a bill annually to restore the OTA, but Republicans vote against it en masse every time. Hillary's platform included [restoring the OTA](https://www.geneticsandsociety.org/biopolitical-times/hillary-clinton-and-office-technology-assessment), as well as restoring the position of the Assistant to the President for Science and Technology, which was eliminated by Bush, Jr.
I'm sure this will be fine... ^/s I mean, we've been allowing people who write laws dictate food and health regulations without the aid of doctors since the at least the late 50's and look at us. Bigger than ever and DECREASING, not increasing life-spans. How could this possibly go wrong...
Just remember, that very paralysis is part of their plan. Their goal is to cripple government so that the rich can avoid paying taxes.
we dont want a court legislating from the bench was always gaslighting and projection.
The dumbing down of America is now being facilitated by the government. May as well live in caves again.
It’s not just dumbing down, it’s literally poisoning the well. Would you like your forever chemicals still or sparkling with your dinner?
Hey, better not fall asleep in those fucking caves. The Supreme Court just said that’s illegal now
>But the current high court, with a 6-3 conservative majority, has been increasingly skeptical of the powers of federal agencies. At this point maybe the executive should likewise be more skeptical of the powers of the judiciary. For example, where in the constitution was the supreme court given the power of judicial review?
I wish someone would amplify this to the public. We had a gentleman's agreement of how the government should work. If you want to revert back to written word only, the Supreme Court becomes a recommendation, good luck enforcing anything. No more implied powers.
>> The Supreme Court on Friday upended a 40-year-old decision that made it easier for the federal government to regulate the environment, public health, workplace safety and consumer protections, delivering a far-reaching and potentially lucrative victory to business interests In other words- mission accomplished. I await the day SCOTUS decides corporations are not only considered people, but are henceforth considered the ONLY people entitled to rights and votes.
The next step this path is actually corporate sovereignty. Some of the consequences could mean legal immunity in some cases; the ability to negotiate their own tax rates and regulatory environments; engage in direct negotiations with other sovereign entities for their own free trade agreements; create their own laws; raise their own armies. I'm certain some corporations would love to have so many rights. Corporate sovereignty would also mean corporate conflicts between corporations and states or between different corporations, which will make international disputes quite complicated.
Also means they can treat empoyees however they want and employees become completely dependent on corporations
All gas, no breaks, headlong into a cyberpunk dystopia.
Corporations already enjoy more rights than citizens.
The only hope is for Dems to win the next two elections, and it will still take so long to overturn this dystopia we are finding ourselves in Hard to feel hope now...
Unfortunately probably more like 4 or 5 elections
Welcome back to the times of rivers on fire. Predatory bank lending, no consumer protection laws, etc. Basically, if a law existed that protected you from those who only care about profit, federal agencies can no longer stop them.
We get to learn a lot of hard, painful lessons because we (collectively) don't pay enough goddamn attention to our own history. We just assume that city air has always been breathable, you could just drink the tap water without getting sick, and on and on.
It's also important to note, that starts today. Today is the day baby formula starts getting filled with melamine the the day the oil refineries open the taps dumping waste into the river. It will take a year for the FDA or whatever 3 letter organization regulates the abuse to find it, then 2 more years of legal BS for the courts to decide the FDA or EPA have zero power to regulate based on this decision. Meanwhile the public is eating poison and the rivers are catching on fire.
Yep, the problem with saying, "Good! This puts the decision back in the hands of the people!" (via elected judges and lawmakers) is that these court cases will ***be a response*** to some grievous damage that has already occurred.
Seriously this is a terrible decision considering the state of this country. If we have no federal regulations Americans are being put in danger because the abuse will be rampant. Supreme Court is corrupt and under the rule of terrorist Trump.
You have to give Trump credit, that man has the uncanny ability to corrupt everything he touches.
So essentially what the means is that any interpretation of a law for a specific issue has to be interpreted by congress and not the cognizant agency that has the expertise in said issue. Am I understanding this correctly? If so, this is absurd and makes the government even more inefficient.
> makes the government even more inefficient. That's the point. Bury the government in lawsuits so that no one can stop corporations from doing anything they want.
Yes, that's exactly the point.
This is by design. Starve the beast has been their motto since the Reagan era. They have said it out loud for so long, and yet people still refuse to be involved in politics and instead like to parrot the idea that both parties are similar.
It is great that we are going to stop listening to those pesky scientists and instead rely on people who think their salvation is coming any moment now.
Those so sure of their own salvation should remember that pride oft precedes damnation.
This legislation has been ruled on over 17,000 times. So of course this court finds reason to over turn it.
Yes, only good things come from deregulation of industry and safety.
Cool. So the FAA has just been neutered. Boeing can do what ever they fuck they want to do now.
Same with the FDA
One of the first things the Trump administration did when it took control in 2016 was redefining the estimated impact of CO2 pollution, an ambiguity delegated to administrative agencies in the executive branch by statute, to reduce the fines/taxes on CO2 emissions to nothing. Now the courts have the power to do that on their own. The fifth circuit can set its own binding precedent reducing this number to zero, and nobody but SCOTUS or congress can reverse it. The same sort of decision making will apply to microplastic pollution, PFAs, lead, asbestos, etc., with the result that there'll be huge geographic disparities in where pollution, food/drug contamination, etc is allowed and where it isn't. SCOTUS won't resolve any of it. This is, effectively, the death of federal regulation.
What other "settled law" is this SCOTUS will overturn? Looks like separation of church and state will be coming before them soon since OK education implementation.
Obergefell is for sure going down if this SCOTUS gets a related case.
Almost certainly the elimination of no fault divorce is coming and I'd lay money at this point they're going to overturn Obergefell. Obergefell if nothing else than because the same 14th amendment argument applied to Roe. The proper case just has to work it's way up to the court. Also IIRC isn't interracial marriage decided on the same 14th amendment logic? So I'd put that on the chopping block eventually as well. And that's just social stuff.
Don't forget about the right to privacy. Griswald will be the biggest one. That gets rid of contraceptives.
The whole project is to overturn Brown v. BOE and the New Deal, the whole foundation of modern American democracy. They don’t care if their decisions are sloppy (fucking Gorsuch confused smog for laughing gas in decision yesterday) or poorly thought out (*cough cough* Alito’s opinion in Dobbs), they hate modern liberalism and will do anything to destroy it. I, for one, am patiently waiting for Thomas’s majority opinion overturning Loving and Obergefell, can’t wait to see what he comes up with.
> (fucking Gorsuch confused smog for laughing gas in decision yesterday) A poignant reminder of why a federal justice shouldn’t have the final say about what a regulatory agency agrees upon.
Literally destroying everything that was put in place to help advance our country. Trump appointed a third of the Supreme Court and half the 6 fuckers that are enabling our descent.
I blame that turtle guy from Kentucky too with his bullshit “let the voters decide” then cramming in Amy Coney Barrett at the last moment.
Oh, you mean Bitch McConnell?
You mean the federalist society
And it will probably get a lot worse before it gets better.
It will absolutely get worse before/if it gets better
Not sure it will get better at this pace.
It won’t in our lifetime. It will get unimaginably worse.
Yea. That is quite the worry - scotus seems to be doing everything in their power to just about gut the federal government. It is like a soft coup via judiciary.
They are constantly getting bolder with every unchecked advance too. They provided 0 reasoning for all the recent decisions. Expect them to just magically rule trump only immune because 0 reasoning.
We've absolutely lost whatever chance we had at fighting climate change. Its over. We lost.
I have the same concern
If it goes too far it won't get better, we will probably see an economical and political civil war and in 50 years so I wouldn't be surprised if USA becomes more like EU with a lot more independent states.
There's a reason Roberts has held back releasing the immunity decision till the literal last day of the term, next Monday. It's going to be fucking nuts I imagine.
At this point the MO seems fairly obvious. This court's purpose is to make our current form of government untenable. In that wake, a strongman will be advocated as the only solution moving forward and suddenly you have a very real fertile soil for Imperator Trump or some other strongman.
Decisions like this help reinforce the idea that conservatives do not see the government as an institution meant to benefit people wit large. It is simply meant to help enrich themselves and their benefactors. They have no interest in serving the American people. It’s get yours or die trying.
And if he wins again Thomas and Alito will probably step down before the end of his term, so he will be at 5 of 9 that will last another 50 years. But I was told in 2016 that the Supreme Court wasn’t enough of a reason to vote for the Dem.
Wonderful, now we can have Lauren Boebert drafting nuclear regulatory policy and not those idiot nuclear scientists.
This court is on a tear to dismantle every ruling with precedence. Rolling back the Chevron ruling is an open invitation to corporate America to run rough shot over the American people.
"The court’s six **conservative** justices overturned the 1984 decision colloquially known as Chevron," When shit goes downhill due to this in a few years (if Trump wins) I don't want to hear a single conservative say it was Biden's fault.
When have you ever known a conservative being fair minded and self aware?
It's not even the quiet part for these guys anymore. They're dismantling the will of the people and democracy. This is so goddamn alarming that they're openly dismembering our country and bringing us back years and years.
With the complexity of now and all the new things around, it will be an entirely new direction of worse.
We’re inching closer to the end of the American experiment - I can’t take this fucking country anymore.
Seems almost like a feature not a bug. You undermine the institutions and make things so awful for the average citizen that they'll be begging for a Caesar. We've seen this time and time again play out in history. You gotta break government so you can say your government doesn't work but this strong man authoritarian person will fix everything and make it stable again.
We are governed by 9 unelected clerics
6. Literally 6 people are all it takes to dismantle everything.
Republicans were so smart to seek control of SCOTUS, which has the very least number of people to manage. They can also act as a line item veto and decide if any aspect of any law is valid or just change the meaning of any law. Their power is immense compared to the other branches.
We're Iran now folks.
What is up with this court and overturning long standing precedents? I get it happens eventually as time passes, but some of these just don't make any sense to me at all. Some of their majority opinions look like something a 15 year old aspiring republican would write for school. SEC vs Jarskey is the worst one I've seen in awhile.
The owners of this country bought these judges and 2016 allowed this republican court to be able to go ahead with their plans.
This court is activist and horrifically conservative, not ruling on matter of law but ideology alone. Precedent, intent of the law, and even the literal reading of the law doesnt matter when you can bend your personal interpretation to alter its meaning and declare it unfit, or even worse rely on some bullshit 1600s ruling.
This is why presidential elections matter. This extreme rightwing court is siding with sociopaths and corporations over everything else. If R president puts two/three young extreme conservatives it is game over for the planet.
Republican court legalized bribery and now this both were straight party line votes you don't like Biden fine this happened because Trump got to appoint 3 judges and if Elected he WILL get to appoint someone worse
>Trump got to appoint 2 judges Three: Gorsuch, Serena Joy Barrett, Beer Kavanaugh. Plus 54 to the Federal Appeals courts. Plus 174 to the US District Courts. And a couple handfuls to smaller courts.
i think I'm going to be sick
Especially now that the fda can't regulate what's in food
For any sane individual who’s having second thoughts about voting Democratic in the upcoming elections- especially after the media coverage of the debate yesterday, here is what’s the future holds if Republicans regain control of the government.
It's going to happen anyway; it is happening. The presidency is becoming less powerful than the supreme court with each passing ruling. The democrats need to stop pretending there are rules. Conservatives realized this long ago and that's why they're steering the ship now despite having far less popular policies. It's over. It's time to start organizing a plan for taking back the courts and reconfiguring congress to represent the people instead of the money. Unfortunately the current leader of the democratic party isn't remotely up to the challenge.
Republicans are literally polluting rivers, overfishing, polluting the skies, allowing unregulated drugs on the market, destroying water tables, cutting taxes, causing inflation, and more. Yet they are winning by saying Dems are doing it.
The biggest decision of the new Supreme Court, and sadly few will realize it.
This country is so fucking fucked. Thanks, Republicans 👍 you massive fucking cunts.
The Federalist Society for Law and Public Policy Studies (FedSoc) is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution. Let's take a look at the current Federalist Society office members: * Chief Justice of the United States John Roberts * Supreme Court Justice Samuel Alito * Supreme Court Justice Clarence Thomas * Supreme Court Justice Neil Gorsuch * Supreme Court Justice Brett Kavanaugh * Supreme Court Justice Amy Coney Barrett * FBI Director Christopher A. Wray * United States Court of Appeals Judge (D.C. Cir.) Neomi Rao * United States Court of Appeals Judge (9th Cir.) Lawrence VanDyke * United States Court of Appeals Senior Judge (5th Cir.) Edith Brown Clement * United States District Court for the Northern District of Texas Judge Ada E. Brown * United States District Court for the Southern District of Florida Judge Aileen Cannon * Senator Ted Cruz, Republican Senator of Texas * Senator Josh Hawley, Republican Senator of Missouri * Senator Todd Young, Republican Senator of Indiana * Florida Supreme Court Justice Meredith Sasso They are groomed to dismantle.
This is the most wantonly corrupt Supreme Court in history. The majority just put their descendants' health and future in (even more) jeopardy for their own short term gain. Every 6-3 decision just stacks the sleaze and filth ever higher.
>The majority just put their descendants' health and future in (even more) jeopardy for their own short term gain. Nah the Federalist Society is playing long ball. This is a Federalist Society court, every single conservative justice was picked by the group, there's a whole agenda they want. It's written by the Heritage Foundation but check out Project 2025 and prepare to lose your shit. This court is trying to make government impossible the way it is now, so that a unilateral executive is the only solution. They're setting us up for a dictator and I don't think it's inadvertent
Oh, I totally understand the right wants to turn this country into an authoritarian theocratic hellscape. This decision will make it an environmental one as well.
The sad thing is. It’s not going to be the US that magical fixes the environment. It’s going to take several world powers. But you have so many capitalists and greedy billionaires who are: “who cares as long as I die rich.”
Well now the US EPA doesn’t have any authority to fix their own environment.
This is way more immediate than climate change. We're about to head back to a time that most of us are too young to remember, or weren't even alive for - corporations just shitting on everything, unfettered, and without a single legal avenue available to hold them accountable. Agriculture, food safety, water supply, pharmaceuticals - quality control is not going to go down, it's going out the window entirely. There is no infrastructure in place now to enfore any regulation that has been standard for the last 4 decades.
It's funny, Earth Day got started because a river caught fire in Ohio and Nixon saw what was going on and started the EPA. Ford kept funding and Carter wanted us to get off crude oil because of the energy crisis when he became president. Regan, Bush Sr & Jr and especially Trump: "EF THAT!"
These Sleazy corporate grease bags are a danger to the entire planet.
Here’s what’s gonna happen: Any decision an administrative body (FDA, CDC, EPA, etc.) makes in this country is now at the whim of any federal justice deciding that they're wrong. And with Trump justices, "wrong" is just going to mean "left wing/liberal coded."
The current Supreme Court is absolutely dystopian. We are so fucked.
The mask seems to have really slipped off now. Legalised quid pro quo, defanging* regulatory agencies, making insurrection harder to prosecute.
They’re making the decisions they were put in place and bribed to do
Oh don’t worry, they made that legal two days ago.
I remember election night when Gore was robbed of the presidency. America was till then a confident, unchallenged superpower, on it's way to erase national debt. The Onion was prescient: [https://www.theonion.com/bush-our-long-national-nightmare-of-peace-and-prosperi-1819565882](https://www.theonion.com/bush-our-long-national-nightmare-of-peace-and-prosperi-1819565882) This seems like a long concerted effort to turn it into a banana republic, or maybe into Putin's Russia. I can see why the Russia of autocrats and billionaires could be aspirational for some. Life is so much easier for those at the top. The Europe of rules and regulations will be the rival, it's mere existence a challenge.
Remember this when you have to choose between bumbling old man Biden and an actual, literal traitor in November.
I do hope people realize the US is falling apart. The longer the republicans control the Supreme Court the worse things will get and the more damage they will do. I dont understand why people are not up in arms over this, there should be massive protests over ever damn decision of the insane republican dystopia you're crawling towards.
Just a friendly reminder to all of those people who thought they'd "send a message" to the democratic party in 2016 by not voting: Both sides are not the same, and if Trump wins this year, he gets to replace two judges with young, sycophantic sociopaths who will help keep the courts this bad for decades to come.
> Just a friendly reminder to all of those people who thought they'd "send a message" to the democratic party in 2016 by not voting "Good news" -- they're probably revving up to do the same this time.
Dude now they’ll go back and review FDA cases and strip whatever they want from FDA regulation. Nobody gets how crazy this really is.
This Supreme Court is overturning decisions at a break-neck, record pace. At some point, you have to ask... is it really that all of these prior court decisions (State Supreme Courts, Federal circuit courts, Appeals courts, and prior assemblages of the Federal Supreme Court itself) really wrong and bad interpretations of the law? Or is it this Supreme Court's complete corruption and partiality? (Obviously, the answer is the latter, but I don't ever see anyone comment on how the implication of the Supreme Court is not just that they are supreme, but that the other courts are wrong extremely often.)
Republicans were the party who created the EPA in response to industrial waste causing rivers of fire. The Republicans now want to go back to those days. Between this and Project 2025, it's clear that the GOP is completely infiltrated by foreign influence that wants the USA dismantled from the inside out.
Reminder, this country is only 248 years old. The 10th US president, John Tyler's grandson is still alive today at 91 years old. We made so much progress, yet, we've fallen backwards and are rewinding time. What the fuck happened?
Welcome to an even worse unregulated hell where businesses pay officials to let them cut corners and kill countless people to line their pockets.
The GOP isn't against an "activist" court when it takes their side.