politics

Sometimes filmmaker/artist. Often up in arms. Big dreams/little bags. Crypto true believer. 

Ya, especially with Congress being so ineffective. No way they will pass legislation detailing all the intricacies needed in the regulatory process.

I think that's an exaggerated takeaway. It's not like all the regulations set by agencies just got rolled back. It just means disputes about what they are allowed to regulate will be settled by the courts rather than the agencies themselves, which gave them basically no check on power.

Also, Chevron deference has been effectively dead for many years now. It's not as if the administrative state wasn't able to function in the last 8 years, or prior to 1984 when it was first ruled.

Courts are the appropriate experts on interpreting statues. The check on courts is at least they are appointed and confirmed by the senate, anyone can listen to the oral arguments, read the decisions and the constitutional reasoning behind them.

Well… it only is when a statute is ambiguous.

Previously a court would defer to the expertise of an agency in charge of a given area EPA, FCC etc… now somehow the court is going need to find that expertise elsewhere.

What is the check on the judiciary again… they seem to be acting as if there is none.

Any way, none of this is easy… boundaries never are.

Maybe. When I’ve worked on passing legislation it was always extremely difficult to put all the details in the actual text at the legislative level and electeds didn’t understand the intricacies - although I’ve mostly worked at the state level. Also, more details in the text make it harder to be nimble/update with the times.