Re:Supreme Court overrules Chevron deference [pdf]
by adriand on Friday June 28, 2024 @07:22PM
(#40826396)
But that’s the point! The liberal justices could rule by taking into account any number of contingent factors established by decades of precedent. But the strict constitutionalists - the conservatives - should have ruled according to the text of the constitution, which is what they constantly claim they are doing. Except it seems to be just when that happens to coincide with their ideological priors.
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Re:Supreme Court overrules Chevron deference [pdf]
by caseysoftware on Friday June 28, 2024 @09:13PM
(#40827086)
"should have ruled according to the text of the constitution"
The actual ruling was NOT an "textualist" interpretation at all.
Here's a summary with the linked ruling in case you're interested:
https://www.scotusblog.com/2024/03/supreme-court-rules-state...
Re:Supreme Court overrules Chevron deference [pdf]
by adriand on Saturday June 29, 2024 @08:35AM
(#40830007)
> The actual ruling was NOT an "textualist" interpretation at all.
That’s precisely my point. They are textualists when it’s convenient. When the textualist outcome would be unsatisfactory from an ideological perspective, then they aren’t textualists any more.
Re:Supreme Court overrules Chevron deference [pdf]
by caseysoftware on Saturday June 29, 2024 @10:10AM
(#40830728)
That's one possibility.
Another is that they're "originalists" in their interpretation. How do their decisions hold up if you apply that perspective?