Re:Supreme Court overrules Chevron deference [pdf]
by delecti on Friday June 28, 2024 @10:56AM
(#40821236)
The US is a common-law country. By stare decisis, the courts are indeed supposed to be bound by precedent.
Re:Supreme Court overrules Chevron deference [pdf]
by tivert on Friday June 28, 2024 @11:09AM
(#40821410)
> The US is a common-law country. By stare decisis, the courts are indeed supposed to be bound by precedent.
And that doesn't work, and it didn't even work to start.
IIRC, in Britain, before the US was independent, "common law" became so unworkable and and unjust because the courts were so rigidly "bound" by precedent (like you advocate), that a whole other system of law "equity" was created.
Re:Supreme Court overrules Chevron deference [pdf]
by nradov on Friday June 28, 2024 @11:12AM
(#40821441)
You have misunderstood. The Supreme Court isn't bound by stare decisis. They are free to overturn precedent if they have appropriate rationale.
https://www.americanbar.org/groups/public_education/publicat...
And let's not have any ridiculous claims that the Supreme Court needs to legislate from the bench because Congress is dysfunctional. In most of the areas where Congress has failed to pass new or revised laws there are real divisions or lack of consensus in the country. It's more important to preserve our Constitutional separation of powers even if that leads to bad outcomes on particular issues.