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Re:Supreme Court guts agency power in seismic Chevron ruling by matrix87 on Friday June 28, 2024 @05:12PM (#40825361)
> Fundamentally there’s nothing wrong with the position of supreme court to push the responsibility of lawmaking back on congress.

One could argue, similarly to overturning Roe, they're diverging from a very critical precedent which is going to trigger a flurry of lawsuits over the next couple years

Re:Supreme Court guts agency power in seismic Chevron ruling by jkic47 on Friday June 28, 2024 @05:22PM (#40825430)
That was actually addressed on Page 7 of the decision.

They begin with "The stare decisis considerations most relevant here—“the quality of [the precedent’s] reasoning, the workability of the rule it established,..." and proceed to find the considerations "all weigh in favor of letting Chevron go"

https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf

If you read the decision on abortion, you will find they spend significant time arguing that stare decisis underpinning Roe v Wade is not valid.

Re:Supreme Court guts agency power in seismic Chevron ruling by philips on Friday June 28, 2024 @05:30PM (#40825491)
Arguing stare decisis was invalid when the reasoning behind even hearing the case is ideological was necessary- it essentially is the only reasoning they could make.
Re:Supreme Court guts agency power in seismic Chevron ruling by lesuorac on Friday June 28, 2024 @08:33PM (#40826864)
Do keep in mind Roe didn't have standing.

There's no harm from denying somebody an abortion when they're not pregnant.

Re:Supreme Court guts agency power in seismic Chevron ruling by injb on Friday June 28, 2024 @10:25PM (#40827446)
So what though? I don't know exactly the reasoning for standing requirements, but they clearly weren't intended to prevent suits over things that affect millions of people in exactly the same way. I mean, standing would prevent man from suing to overturn a ban on women voting, but that's clearly a bug, not a feature.
Re:Supreme Court guts agency power in seismic Chevron ruling by lesuorac on Friday June 28, 2024 @11:23PM (#40827659)
My point is that you can find evidence for any outcome. The Supreme Court has a stance they like and backpedal to make the argument for it leading to inconsistent rulings.

There are a myraid of ways that roe vs wade could've turned out and in the final ruling document they'd all fit the correct format.

Re:Supreme Court guts agency power in seismic Chevron ruling by jellicle on Friday June 28, 2024 @10:39PM (#40827488)
Roe was pregnant.
Re:Supreme Court guts agency power in seismic Chevron ruling by lesuorac on Friday June 28, 2024 @11:18PM (#40827643)
_was_ not _is_.

> [2] McCorvey gave birth to a daughter at Dallas Osteopathic Hospital on June 2, 1970

At that point she lost standing similar to another Jane Doe whose case became moot because she already had the abortion [1] and the desired action (injunction against an abortion) is irrelevant because it's already happened.

[1]: https://www.aclu.org/press-releases/supreme-court-issues-dec...

[2]: https://en.wikipedia.org/wiki/Roe_v._Wade#History_of_abortio...

Re:Supreme Court guts agency power in seismic Chevron ruling by rpmisms on Friday June 28, 2024 @06:47PM (#40826142)
In both cases, the court used the "They were flat wrong" argument to quite convincingly overcome stare decisis. We have a small-c conservative court, and they're going to make the government sing for its supper, which is what public servants are supposed to do, so good.