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Re:Supreme Court overrules Chevron deference [pdf] by FDAiscooked on Friday June 28, 2024 @10:47AM (#40821120)
FDA finds food factory to be non compliant with food safety standards.

FDA can't shut down the factory. It has to take it to court.

A Judge with a JD or a jury of random people will decide if the factory can stay open.

Factory stays open.

Millions of people eat salmonella contaminated food.

Re:Supreme Court overrules Chevron deference [pdf] by Molitor5901 on Friday June 28, 2024 @11:03AM (#40821334)
That's absolutely 100% false. The Federal Food, Drug, and Cosmetic Act gives the FDA considerable authority to shut down a food factory if it is not adhering to regulations and laws regarding safety.

Where do you find that the FDA cannot shut them down?

Re:Supreme Court overrules Chevron deference [pdf] by EricDeb on Friday June 28, 2024 @11:18AM (#40821508)
But who is making those regulations if congress doesnt write those specific regulations into law? Isn't that the whole point of this being overturned.. the FDA no longer can make regulations that arent explicitly outlined in a bill.
Re:Supreme Court overrules Chevron deference [pdf] by Molitor5901 on Friday June 28, 2024 @11:21AM (#40821555)
The FDA can absolutely make regulations so long as they are done with the authority granted to them in the law. The problem has been agencies, such as the FDA whom I have worked with for going on a decade, have grossly overstepped their congressional authority. When challenged, the government's case is that the administrative regulators know best, and because of Chevron, the courts should defer to them, even if it's an overreach beyond their congressional authority.

This is not about specific regulations, it's about the authority to write those regulations and where the boundaries are.

Re:Supreme Court overrules Chevron deference [pdf] by techostritch on Friday June 28, 2024 @11:43AM (#40821809)
"even if it's an overreach beyond their congressional authority "

Chevron specifically says though that it should be within their authority and reasonable.

Re:Supreme Court overrules Chevron deference [pdf] by Molitor5901 on Friday June 28, 2024 @11:52AM (#40821888)
Therein lies the issue: Regulators have gone beyond their authority, not only into what is unreasonable, but what is not backed by statute. Chevron said the courts should give deference, unfortunately that deference has gone too far.

Taking your point however, I think congress will eventually be forced to act on this. We do need some deference to regulators, but that deference has been turned into legislative abdication. This decisions sets that right.

When congress is ready to write a law that gives greater deference to regulators they will. Until then, in my opinion, this was a proper decision of government restraint.

Re:Supreme Court overrules Chevron deference [pdf] by intended on Friday June 28, 2024 @04:20PM (#40824847)
This is so transparently hopelessly naive that it’s endearing.

This is not the only case which will be brought to this court.

The point is to tie congress up, or make sure legislation passed is pro business.

The courts will defang the agencies. This will get you a repeat of 2008 and the bailout, and the net neutrality bill.

Re:Supreme Court overrules Chevron deference [pdf] by techostritch on Friday June 28, 2024 @04:45PM (#40825101)
“Unfortunately that deference has gone too far”

I don’t think I can support an objective idea that it’s “gone too far” when the decision was on ideological boundary. This was political activism not jurisprudence.

Re:Supreme Court overrules Chevron deference [pdf] by mywittyname on Friday June 28, 2024 @10:48AM (#40821131)
I'm guessing the next stage is to prevent people from being able to sue said factories?
Re:Supreme Court overrules Chevron deference [pdf] by iaw on Friday June 28, 2024 @10:50AM (#40821162)
By opening the package of salmonella you've agreed to binding arbitration agreement in the venue of their choosing.... Sadly I'm not even that far from serious.
Re:Supreme Court overrules Chevron deference [pdf] by redeux on Friday June 28, 2024 @10:57AM (#40821241)
Yes, or absent that just limit the liability to a trivial amount, which many state governments have already been doing for years.
Re:Supreme Court overrules Chevron deference [pdf] by kergonath on Friday June 28, 2024 @11:31AM (#40821679)
You don’t need to go that far. Just make it inconvenient and expensive.
Re:Supreme Court overrules Chevron deference [pdf] by jasonjayr on Friday June 28, 2024 @10:53AM (#40821183)
Nah, there will be some binding arbitration clause hidden on that package of rice , so you can't sue or join a class action.
Re:Supreme Court overrules Chevron deference [pdf] by morkalork on Friday June 28, 2024 @02:18PM (#40823408)
With hack judges like Aileen Cannon, good luck!