We Just Witnessed the Biggest Supreme Court Power Grab Since 1803

Re:We Just Witnessed the Biggest Supreme Court Power Grab Si... by Molitor5901 on Saturday June 29, 2024 @10:08AM (#40830712)

No, congress gave FDA the authority to regulate food additives. This does not mean congress has to list out EVERY SINGLE ADDITIVE, and to think that is very naive in how the legislative and legal process works. Consider this broad hypothetical: The FDA can regulate food additives, what about engine oil additives?

If the FDA said no, Valvoline cannot use a specific additive to their motor oil, we would all scratch our heads and say that's not the FDA's job, and they don't have the authority to do that. Under Chevron deference the courts would defer to the FDA and say yes, they have the experts to decide these things, who are we to second-guess the regulatory agency?

With this Supreme Court decision, courts will no longer automatically defer to the agencies.

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Re:We Just Witnessed the Biggest Supreme Court Power Grab Si... by kllrnohj on Saturday June 29, 2024 @11:57AM (#40831482)

That is a completely incorrect understanding of Chevron. The courts under Chevron would immediately strike down the FDA attempting to regulate motor oil as that's not a reasonable interpretation of the regulatory laws that Congress created.

What this ruling changed is exactly that Congress now does need to be exhaustively thorough otherwise the courts decide the matter, not the agencies

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Re:We Just Witnessed the Biggest Supreme Court Power Grab Si... by Molitor5901 on Saturday June 29, 2024 @09:42PM (#40834561)

That's why it's a hypothetical. I beg your pardon, but you're absolutely wrong.

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Re:We Just Witnessed the Biggest Supreme Court Power Grab Si... by techostritch on Saturday June 29, 2024 @10:29AM (#40830882)

This doesn’t seem like the proper reading of Chevron Deference to me.

Chevron deference says that when the delegation is implicit but not explicit then you defer to the agency. So in the FDA example, there is no implicit authority to regulate motor oil.

[ Parent | on HN ]