this post was submitted on 23 Jul 2024
1056 points (98.8% liked)

News

23266 readers
2980 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 1 year ago
MODERATORS
top 50 comments
sorted by: hot top controversial new old
[–] Varyk@sh.itjust.works 273 points 3 months ago* (last edited 3 months ago) (8 children)

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.

[–] MisterFrog@lemmy.world 32 points 3 months ago (4 children)

Regulations are "unconstitutional"? Hmmmmmmm 🤔 Is SCOTUS bound by anything? Seems like they can rule however they like.

[–] Asafum@feddit.nl 30 points 3 months ago (1 children)

I think their argument is more that the agencies aren't allowed to be the ones to say how a law is applied as far as regulations go. If a regulation is vague enough the EPA isn't allowed to clarify anymore, it needs to go to a (more than likely rubber stamp) court where the judges decide, instead of, you know, anyone who would actually have expertise... It's legally "reasonable" but practically insane.

[–] MisterFrog@lemmy.world 8 points 3 months ago (2 children)

Why aren't the bodies allowed to say how relevant laws are applied? Isn't the whole point behind regulatory bodies that the government will grant regulators certain powers with legislation?

I'm not a legal expert, but in Australia at least there are a bunch of regulators that work to legislation, but they totally come up with extra clarifications and rules themselves within the powers they've been granted, and you are obligated to follow those rules.

For example: the fair work commission in Australia sets the minimum wage every year, no legislation required. Employers can't just decide they're unreasonable and not follow them, unless they want to be taken to court (or go to jail, in certain states like Victoria).

Now, I have no idea what the laws are that give the US EPA their powers, but either SCOTUS is totally out of line here, or the legislation sucks.

[–] Facebones@reddthat.com 16 points 3 months ago (2 children)

The (bullshit) scotus argument is that congress can't grant decision powers to federal agencies cause hurrdurr constitution.

Basically, for ~40 years we've run on a SCOTUS decision referred to as the "Chevron Decision." What that did is direct federal courts to defer to agencies on interpretations of relevant laws and statutes, because federal courts were being bogged down by every. little. bit. of. minutiae. around the practical application of a bills intention."Agency says brown, interested party says black, BOOM LAWSUIT" is an exaggeration but not by much. Instead, Chevron gives agencies the room for experts in the field to draft appropriate regulations etc in service of congress' bills. "Agency says brown, interested party says black, well too bad the experts say brown is the best choice." Can't tie them up in court over everything.

Now, with Chevron overturned, Republicans can start tying everything they dont like up in court again. Plus, with the hyper conservative activist SCOTUS judges, now they can run any regulation or policy straight up the appeal ladder to have them all ruled "unconstitutional" with only the occasional less important burner case turned down in a halfass attempt to look "impartial"

[–] MisterFrog@lemmy.world 9 points 3 months ago (1 children)

Thanks for the explanation! And boy, does that sound broken.

[–] nilloc@discuss.tchncs.de 7 points 3 months ago

Breaking the system is the goal of the federalist society (which selected them recent conservative group of judges in the SCOTUS, and many lower courts).

load more comments (1 replies)
load more comments (1 replies)
[–] Wilzax@lemmy.world 11 points 3 months ago (1 children)

SCOTUS is unchecked by the rest of the federal government. The only thing that would limit their power is a constitutional amendment, which requires 38 states to individually ratify it at the level of their state governments, not their federal congresspeople.

There is literally no way for congress to affect the supreme court once it has 9 justices, or contradict its rulings on laws they call "unconstitutional", short of impeaching supreme court justices or packing the court with more than 9 justices. Once enough of the court is full of fascists or enablers, it's EXTREMELY hard to escape fascism without a constitutional convention.

[–] Triasha@lemmy.world 10 points 3 months ago (1 children)

You could instruct the federal agencies to ignore court rulings, effectively undoing Marbury vrs Madison.

That's a constitutional crisis, but what is the court gonna do? Call the FBI? Send in the military?

You can ask the Cherokee people what the court does with an uncooperative federal government, but you won't find any in Georgia.

Maybe that's just fascism with our side in charge though.

load more comments (1 replies)
[–] UnderpantsWeevil@lemmy.world 7 points 3 months ago

Is SCOTUS bound by anything?

flipping open my Lockean theory of self-governance

Strictly speaking, the power of government is in its ability to achieve (relatively) peaceful compliance. The SCOTUS decision creates an opportunity for individuals to behave in defiance of the written law with a certain fearlessness. A President can go full Andrew Jackson and tell the judges to enforce that decision, but he's still got to command a bureaucracy full of people who can be swayed in the other direction.

What happens to a regulation that nobody is willing to enforce? What happens to a federal regulation that runs afoul of state law, in a district where municipal/state law enforcement will enthusiastically arrest and local DAs prosecute a federal agent?

I would say that's the real power of the SCOTUS. Opening the legal door for disobedience and negligence at the federal level, while state-level revolt occurs downstream.

[–] Theharpyeagle@lemmy.world 7 points 3 months ago

In theory that was supposed to be the strength of SCOTUS, that being secure in their employment for life (or until retirement), they had no incentive to judge along party lines for fear of future prospects. However, we've seen that judges can still be both very partisan and entirely unqualified and we can now do nothing to remove them. Turns out bribery and threats still work on them

[–] FireTower@lemmy.world 24 points 3 months ago* (last edited 3 months ago) (2 children)

The Loper Bright ruling was that when taken on appeal that 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@programming.dev 13 points 3 months ago (4 children)

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.

load more comments (4 replies)
load more comments (1 replies)
[–] RidgeDweller@sh.itjust.works 13 points 3 months ago

For real. The regulations are the "reasonable" standards. If you can't meet the bare minimum you can fuck off.

load more comments (5 replies)
[–] bradorsomething@ttrpg.network 185 points 3 months ago (9 children)

Can you imagine a full majority blue government again? Last time we got health care light, who knows what we might get a little of this time?

[–] 9point6@lemmy.world 97 points 3 months ago* (last edited 3 months ago) (5 children)

Maybe some of that freedom your nutjobs keep banging on about.

Make no mistake that small progress is still progress and given the amount of money spent on regression, don't let perfect be the enemy of good.

If given the choice of something better, never go for the other option because the first is not better enough

[–] hydroptic@sopuli.xyz 54 points 3 months ago (12 children)

don’t let perfect be the enemy of good.

This sentiment is way too rare. Personally I'm a fan of using "don't let perfect be the enemy of good enough"

[–] xmunk@sh.itjust.works 20 points 3 months ago (3 children)

It needs to be selectively applied though. We should fight for perfection, but we shouldn't avoid small gains in favor of large aspirations.

[–] pwnicholson@lemmy.world 21 points 3 months ago

That's what the saying means. It doesn't mean perfect isn't good. It means perfect is great, but don't let it stop good.

[–] EleventhHour@lemmy.world 16 points 3 months ago

just remember: "perfect" is a journey, not a destination. it something to strive for knowing full well that you'll never get there because it's impossible.

load more comments (1 replies)
[–] Viking_Hippie@lemmy.world 6 points 3 months ago (14 children)

don’t let perfect be the enemy of good.

This sentiment is way too rare

Except literally every time someone on the left points out the Dem leadership habit of inching in the right direction while not doing much to stop their fascist counterparts from yarding if not miling in the opposite.

What little progress conservative Democrats DO graciously deign to bestow on the unwashed masses is the equivalent of getting a 2% raise in a year where your unavoidable expenses such as food, shelter, and medicine rose by double digits.

That's not good. That's insufficient.

load more comments (14 replies)
load more comments (10 replies)
[–] Mac@mander.xyz 6 points 3 months ago

the nutjobs will never get the freedom they want. they want freedom to step on others and freedom from accountability.

they do not have the same desires as you and i.

load more comments (3 replies)
[–] Pacattack57@lemmy.world 30 points 3 months ago (2 children)

It’s a bit disingenuous to say we had a full blue government. Technically we had it but our majority in the senate didn’t really exist due to false Dems like Manchin

[–] popcap200@lemmy.ml 9 points 3 months ago (1 children)

Plus the filibuster requires 2/3, not a simple majority to get anything done.

[–] goferking0@lemmy.sdf.org 6 points 3 months ago (4 children)

But doesn't need 2/3rds to remove, only majority. Which then gets back to the "pseudo" dems that appear anything it gets close to having progressive legislation passed

load more comments (4 replies)
load more comments (1 replies)
[–] jballs@sh.itjust.works 8 points 3 months ago

I miss the days when the arguments were whether we should have universal healthcare or whether we should force insurance companies to cover preexisting conditions. Arguments over whether we should have a democracy or not just aren't the same...

load more comments (6 replies)
[–] sik0fewl@lemmy.ca 68 points 3 months ago (2 children)

Great, now do Citizens United, Trump v US, Roe and maybe try Dred Scott again but where corporations don’t have all the same rights as people and can’t be criminally prosecuted.

[–] bamfic@lemmy.world 29 points 3 months ago

And reverse southern pacific vs santa clara and end corporate personhood

[–] douglasg14b@lemmy.world 17 points 3 months ago (3 children)

One step at a time bud.

If you try and do everything at once you get nothing done at all.

[–] Wilzax@lemmy.world 12 points 3 months ago (1 children)

Unless you do everything at once with conflicting interests across different parts of "everything" and you get an omnibus bill, which is the only way to actually get anything done in congress nowadays (for some god-forsaken reason)

load more comments (1 replies)
load more comments (2 replies)
[–] xmunk@sh.itjust.works 35 points 3 months ago

Let's fucking go!

[–] blazera@lemmy.world 28 points 3 months ago (2 children)

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

[–] roguetrick@lemmy.world 9 points 3 months ago (2 children)

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.

load more comments (2 replies)
[–] JPAKx4@lemmy.blahaj.zone 6 points 3 months ago* (last edited 3 months ago) (1 children)

They overturned the courts previous decision. Technically it wasn't a law before, it just was heavily implied (as in Congress specifically left things vague bc they wanted federal agencies to fill in the blanks in accordance to the Chevron doctrine).

Basically, there wasn't any part that was unconstitutional, they just said the court was overstepping their boundaries when they "created" the Chevron doctrine.

Edit: please read the comment below, it seems like my understanding wasn't quite right

[–] Rekhyt@lemmy.world 5 points 3 months ago* (last edited 3 months ago)

The court basically said it was a separation of powers issue. The basic powers of the branches are:

  • The Legislative (Congress) creates laws
  • The Executive (President) actually puts those laws into action (they are "executed" by this aptly named branch)
  • The Judicial (courts) interpret legality of the actions of the Executive branch based on the wording of the laws passed by Congress, and the constitutionality of those laws (that is, if the law itself is even legal to be enforced)

The Chevron Deference doctrine was the courts saying "Congress occasionally writes laws vaguely and we don't have expertise on every subject matter, so we are going to defer the decision-making of what exactly the law means to actual experts in the Executive branch." Congress has written laws using this logic, intentionally granting power to the Executive branch that would otherwise reside with Congress (i.e. Congress says "how much of X particulate in the air is too much? We could write a specific law stating that 500 ppm is too much, but it's a lot of work to do that for every particulate, and the science gets updated over time, so we'll just tell the Executive to place 'reasonable limits' and call it a day.")

Now the Court has said "That power you've ceded to the Executive branch? That should be ours because it's our job to interpret what laws mean. We now decide how much of X particulate is too much, even when we mix it up with Y particulate."

It's a blatant power grab by the Court and a separation of powers issue. Congress SHOULD be able to remedy it by specifying that this decision-making power should reside with the Executive branch and the Judiciary won't be able to say "no mine". I mean, this Court WILL, but a legitimate Court wouldn't.

[–] ShaggySnacks@lemmy.myserv.one 19 points 3 months ago (5 children)

Out of curiosity, what would stop SCOTUS being like "Nah, this law goes against the constitution"?

It's my understanding that SCOTUS has the power to repeal laws. Wouldn't the only real way to codify would to put it in the constitution?

[–] ChickenLadyLovesLife@lemmy.world 13 points 3 months ago (1 children)

Until SCOTUS declares amendments to the constitution to be unconstitutional.

load more comments (1 replies)
[–] Theharpyeagle@lemmy.world 9 points 3 months ago* (last edited 3 months ago) (1 children)

Here's my understanding as a layman, please correct me if I'm wrong.

SCOTUS could block the creation of a law if it was deemed unconstitutional, but even with a conservative SCOTUS, it's unlikely they would in this case. As in many cases, SCOTUS didn't overturn a law here, but rather changed their decision on the interpretation of the law, specifically the Administrative Procedure Act. If congress passes a law that explicitly delegates certain powers to agencies, or codifies regulations that had previously been defined by an agency, that would be harder to fight since the APA, as far as I can tell, does not prohibit it. Warren's bill is basically saying "if we can't implicitly delegate power to agencies to create regulations, we should at least be forced to quickly review suggested regulations to prevent them from getting stuck in congress."

Again, this is just my understanding as a layman. IANAL

[–] ShaggySnacks@lemmy.myserv.one 6 points 3 months ago (1 children)

There was the Voting Rights Act case, Shelby County v. Holder. A case in which SCOTUS struck a provision in the Voting Rights Act as they declared it was unconstitutional. If you can declare a provision unconstitutional, what would stop SCOTUS from declaring an entire law unconstitutional?

We've already seen a SCOTUS decide it can do anything it wants.

load more comments (1 replies)
[–] derf82@lemmy.world 6 points 3 months ago

They didn’t rule it unconstitutional, they ruled it incompatible with the 1946 Administrative Procedure Act. So the law could change it.

Granted, they could later try to rule it unconstitutional, but it would kill Looper Bright.

[–] Belgdore@lemm.ee 5 points 3 months ago (6 children)

With Marbury v Madison, the court gave itself the authority to interpret the constitution and the laws that congress enacts and the president enforces. These are statutory laws.

The other kind of law is court precedent. It is the law that the court creates based in the cases that come before it. It is inextricably linked to statutory law. Of course the highest court can overturn the law of lower courts or its own decisions.

Yes, the court can strike down laws.

The only way to get around the court is to amend the constitution itself. When amending, the language should be plain and clear so that SCOTUS cannot misinterpret it. Though there are several amendments that have been interpreted various ways over time.

Amending the constitution is a difficult process because it requires a lot of agreement between the members of congress/ senators and the states. See article V of the constitution.

[–] Boddhisatva@lemmy.world 6 points 3 months ago* (last edited 3 months ago)

The only way to get around the court is to amend the constitution itself.

That's not actually the case. The Constitution says this about the court system.

Article III - Section 2.

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

Emphasis mine. The inferior courts have jurisdiction over all matters other than "cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party." For those, SCOTUS has original jurisdiction. SCOTUS handles appeals to the judgements of the inferior courts "with such exceptions, and under such regulations as the Congress shall make."

We do not need to amend the constitution to rein in SCOTUS. Congress, under the this article of the constitution, Congress has the authority to create legislation that limits the power of the supreme court on all matters other than "cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party." Congress can increase the size of the court allowing the current president to add judges. They can add term limits and other limits to SCOTUS. The problem is that one party doesn't want to fix the problem and that party is running the House and obstructing the Senate thanks to the filibuster rule. If we had a functioning Congress, we could pass regulations forcing the justices to abide by ethics rules. We could make it illegal for justices to accept gifts from billionaires.

Sadly, this will not happen without a Democratic controlled House and a Senate with at lease 60 actual Democratic Senators, and a Democrat in the White House. Still far more likely than a Constitutional Amendment, though.

load more comments (5 replies)
load more comments (1 replies)
[–] Iheartcheese@lemmy.world 6 points 3 months ago* (last edited 3 months ago)

... Are we suddenly going to start fighting the supreme Court? Finally? Finally?

load more comments
view more: next ›