"This is really time for our country to come together.” It would be so nice if we could come together and straighten out the world and straighten out the problems."
During Iowa campaign speeches, he insulted and derided DeSantis and Haley. Now Trump is praising them. "I think they both actually did very well.”
Does anyone think any of that is credible? He was told to say this by his handlers! Everyone with half a brain knows it’s BS.
What’s the latest news from Toxics:
Here’s a photo from Houston, Texas, taken Sunday 1/14. We are becoming more and more like 1933 Germany!
Ben Meiselas, of the Meidastouch Network, mentioned last night that if you interview the MAGA CULTIST and ask them, would they rather have Joe Biden for the next 4 years or a Donald Trump Dictatorship?, they would choose a Donald Trump Dictatorship. If you asked them if they would choose Joe Biden to run the country or Vladimir Putin for the next 4 yrs, they’d choose Putin!
As a country, we are leading the rest of the world when it comes to being uneducated and ignorant!Our Congressional Republicans in the House are some of the dumbest people! All you have to do is watch the ridiculous antics of the Republican Party in the House of Representatives! Most of these folks have sold their souls to an Orange Conman. They are doing whatever he wants them to do.
They were voted into Congress by some of the worst and undereducated people in America!
Anyone who thinks Trump is the second coming is delusional! To the Evangelical Christian Trump supporters :
You will be voting for someone who delivers exactly the opposite of Jesus’ teachings! Please rethink your position and invest your time wisely by reading the history of Donald John Trump. You will find that he is not the living legend you think he is.
All of this goes back to the electoral college. Bush became president because of the electoral college and we got Iraq and the never ending war in Afghanistan. He got a Supreme Court justice as well. Then came Trump. Three justices put in by someone who lost the popular vote. Now this court can end these protections. Until we get rid of the electoral college, this debacle will be repeated over and over.
When I was a child my Dad brought home and installed in our station wagon seat belts.
They were silver lap belts and they were ugly.
But, they were not standard or even optional equipment by any car maker at the time. If you wanted seat belts in your car, you had to buy them and install them yourself. Likewise, there was no such thing as a child safety seat or booster seat with seatbelts.
I recall that my Dad also complained that the dashboard inside American cars were painted steel. They had no padding. Add this hazard to a seatbelt-free cabin and the laws of physics, riding in a car in the 1960’s was simply dangerous.
It took years of pro-safety lobbying by Ralph Nader and convincing insurance companies that it was in their interest to join the cause to make American cars as safe as reasonably possible. Later the same scientists who studied and tested car crash safety also looked at what internal combustion engines do to cabin air. The catalytic converter was born to reduce air pollution.
My point here is that, left to their own devices, American automobile manufacturers did not voluntarily advance the safety features they built into the vehicles they sold.
They were more concerned about the cost of such things and the impact this would have on their competitive value proposition than on protecting THE COMMON GOOD of consumers and citizens in general. It took years to convince manufacturers that Americans wanted safer cars. Volvo sold their cars in the States in part by promoting their safety versus all other vehicles.
Eventually, our cars became a much safer mode for transporting our most precious cargo: our loved ones.
Our Federal Government helped us achieve this logical and needed transformation. Stripping away this regulatory authority at a national level will take our nation back in time to the dangerous 1960’s when our cars were truly death traps on wheels. The very air we breathed was filthy. In many cities one could not safely cross the street because air pollution as witnessed in NYC last summer was commonplace. Our drinking water, food and medications were also only marginally tested for purity.
We simply must not allow ignorance and greed to take us back in time to the dangerous, dirty, unhealthy 1960’s.
Theoretically I see the reason for the Republican position in this case. It's surely Congress' responsibility to make laws with sufficient clarity. The President is the head of the executive responsible for implementing them. The judiciary is responsible for interpreting them.
But I'm speaking theoretically. The real situation (a country deeply and bitterly divided with one side having wedded religion to the cult of a personality) is a perilous one for any constitution. I would say that defeating Trump and ending the cult of his personality, and getting a Democrat majority in both Houses of Congress is the real priority, whatever SCOTUS decides.
We are in a Full Blown Crisis in America for a Theocratic FACIST Oligarchy! This is Global in scope and we are tasked to make sure that they are defeated! The Corrupt Supreme Court needs to be held to account! Impeached and Expanded! The 6 Rt Wing Religious Extremists are our Enemies
I can't believe that someone who is undergoing trials for alleged crimes and even sedition is not only out on bail, which he is violating the rules for, but is working with his cronies to mess up our government even more, and have plans to 'off' those with whom they disagree : (Roger Stone on the recording ; Not AI), and spouting lies and propaganda to influence yet more voters and potential jurors. Careful what you wish for ; MAGAs! , you just might get it; and wish it wasn't happening.
Regarding Iowa: Excuse me, but the results are in. Trump won by more than 50%. What's interesting to me is that so many Iowa Republicans would choose someone who lost to Biden in 2020. How can this be? What do they think has changed since 2020 so that Trump can beat Biden this time?
Trump isn't getting any younger either. The economy is chugging along just fine. Unemployment is very low. Wages are up. Not only are things going fine for Biden, but Trump has 91 charges in various courts. What are these Iowa Republicans thinking?
What ever happened to "you get one shot at the ring, and if you lose move over?" I know that's not a Party rule, but conventional wisdom is that if you lose then you ain't got what it takes so move on. Do they really want to double down on the 2020 loser?
It's just hard to believe that half of Iowa Republicans think the 2020 loser to Biden can do better this time now that he's amassed so many civil and criminal charges. In fact, Trump's attorney just argued to Judges that Trump is above the law so he needs immunity. It's astounding.
Even more astonishing is that half of Iowa Republicans must not care that Trump helped organize a violent, deadly insurrection on J6 based on lies about the election being stolen. It was the darkest day in the history of American Democracy transition of power. It was the darkest day in Capital history. It was all because Trump kept pushing lies about the election being stolen. Now more than half of Iowa Republicans want a Trump rematch with Biden?
The Iowa caucus results suggest that either Iowa Republicans think Trump is like a fine wine and gets better with time, OR Iowa Republicans think Trump actually won last time. This why they don't care that Trump lost to Biden. They think Trump won last time, so he can win again. They don't care about the J6 violence against police and desecration of the Capital because the they think the election was stolen so the actions of J6 were justified.
Regardless, you would think Republicans would choose to go for someone who can win by a much bigger margin, not the 11,780 votes Trump wanted to find in GA. Do they really want to go to the big dance with Trump again? He's no spring chicken, more like a chicken hawk. Do they really think Trump can do it this time, despite losing the last time, and the post-election unpatriotic insurrection that greatly tarnished his Presidency?
Is it possible so many Republicans think Trump's failed policies will work this time? All I can conclude is that misinformation has created a very distorted reality for many voters.
Yes, this is dangerous, with an example just last week. Can you imagine Boeing as the sole arbiter of its own regulation? Can you imagine Chevron as the sole arbiter of the Amazon forest in Ecuador? Can you imagine the Koch Brothers regulating the production of fertilizer along cancer alley in Louisiana where they are already the largest fertilizer producer (and methane polluter) in the region? There must be regulatory protection, not just for our wallets, for our lives. Companies are not moral if their only mandate is shareholder satisfaction. Therefore government must regulate, and we the people have to elect a government that will do so or we face our own peril.
It may sound melodramatic but I believe it’s true - we rely on a few thousand Americans in key voter states to save the world. Another Trump presidency will plunge not just the US but the Middle East and here in Europe into further depths of bitter conflict - divisions not only across borders but within communities.
You guys need to get your act together... quickly...please.
What the "hell" has happened in America? I can't believe that this country which was founded on the freedoms we've all grown up with, fought for during 2 World Wars, Korean Conflict, Vietnam War, who we all either lost a family member or a neighbor are going to throw it all away because of Trump who knows nothing except how to "screw people" the narrow minded Supreme Court judges who think they know best and will screw the America people...and all of the everyday Joe's who are swept away with Trump and he'll make America great again....where are your God given brains? People in Iowa..do you honestly think that Trump and his henchmen are going to make your life better? Open your eyes and get your heads out of Trump's butt and see the light.... Trump and his judges will strip away what he didn't destroy last time and you Trump supporters are going to pay the price along with the rest of us...only then you'll have put a DICTATOR in office and there will be no going back..we as Americans will pray for death just as the JEWISH people did during WWII...
The corporate Oligarchs have been chipping away at all the progressive advancements established during the New Deal era of F.D.R! Now that they have a 6/3 conservative majority at SCOTUS they are going for the kill! Democracy be damned!
Very well written Dr Reich the problem is you are speaking to the converted. The vast majority of my fellow Americans don’t know this is happening and therefore don’t realize how this affects their lives. They are more interested in the Super Bowl. I really fear for the future of the United States.
It’s time to limit the power of the president and limit the time Supreme Court judges sit in their bench. Two, maximum three 4year term limits should be established. It is absurd that the president, one individual has so much power that he can destroy the democratic system, or whatever other system that exists. As we’re dealing with a relatively uninformed and intellectually lazy population , a narcissistic, egocentric person like the president who ruled and pretty much destroyed the power of many regulatory agencies to control the economy and the environment and the international trade system to align himself with dictators like Putin and the North Korean dictator. We must improve our education system vans teach what it means to be citizens of a democracy. Our individualistic, capitalist society has become its own worst enemy. Let’s learn from social justice and democracy from countries like Denmark, Switzerland and India to mention just a few. If the egomaniacs who support a criminal, who proved to all of the world that he wasn’t interested in the wellbeing of the people of the United States nor cooperation of nations to protect and strengthen world peace and international borders -- if the USA re-elects this Mega Cult leader we follow the sure path of the fall of the Roman Empire! 😳👎🙅♀️🙏🏻👍☮️
I've written about this many times. In theory Congress gave us a mini Constitution in 1948 when it passed the Administrative Procedure Act., APA, which in part sets out rules for agencies to write regulations
Unfortunately, starting in the 1990s organizations like the Heritage Foundation and the Federalist Society began to oppose "the administrative state." Chevron was a case that provided that where there was some question about the meaning of a statute, the Supreme Court would defer to the agency interpretation of its own regulations.
Chevron , 1984 was not the first time that the Supreme Court expressed agency deference. In Skidmore Swift & Co., 323 U.S. 134 (1944), it said that an administrative agency's interpretative rules deserve deference according to their persuasiveness. In Skidmore there was no issue whether there were different interpretations from the language of the regulation.
From my perspective, an agency makes its best case when it holds hearings and there are facts that show a need for regulation.
What has been happening in administrative law, is there is a theory in right wing circles that because administrative law was not mentioned by the Constitution, all of it is unconstitutional. For example in
"Is administrative law unlawful?" Philip Hamburger, Professor of Law at Columbia argues that while the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. 2014.
In National Association of Business v. DOL (OSHA), 2022, SCOTUS stopped an Occupational Safety and Health Administration rule for larger businesses to either require vaccines or have a masking and testing policy. And in a 5-4 order, the justices allowed a Centers for Medicare and Medicaid Services vaccination mandate for health care workers at federally funded health care facilities. IMHO had Biden held hearings and made factual findings under APA procedures, the outcome could have been different.
In Biden v. Nebraska, 2023. the Supreme Court ruled that the student-debt cancellation plan was an impermissible interpretation of a provision in the post–9/11 HEROES Act that allows the secretary of education to “waive or modify” loan terms in certain emergencies. In finding the secretary’s interpretation of that limiting language too much of a stretch, the Court recognized that executive-branch officials can only enforce duly enacted congressional legislation rather than taking action that goes beyond those parameters to make new law. Chief Justice John Roberts’s majority opinion also cited a backup argument, known as the “major questions doctrine”—holding that the Court will not assume that Congress has, without explicitly saying so, delegated the power to regulate significant economic or social matters.
Several Justices have criticized or sought to limit Chevron deference in recent years. In 2015, Thomas wrote that Chevron “wrests from Courts the ultimate interpretative authority to ‘say what the law is’” and instead gives it to the executive branch. Gorsuch has written that “the aggressive reading of Chevron has more or less fallen into desuetude—the government rarely invokes it, and courts even more rarely rely upon it,” but “the whole project deserves a tombstone no one can miss.”
Roberts has embraced the “major questions” limitation on Chevron, declining to accept an implicit delegation of authority on any “question of deep economic and political significance that is central to [the] statutory scheme” and assuming instead that “had Congress wished to assign that question to an agency, it surely would have done so expressly.” Justice Samuel Alito has observed that Chevron resulted in “a massive shift of lawmaking from the elected representatives of the people to unelected bureaucrats.”[Justice Brett Kavanaugh has also written in favor of “preserv[ing] the separation of powers” and “vital check[s] on expansive and aggressive assertions of executive authority.” Elsewhere, he has written that Chevron’s command that reviewing courts “must exhaust all the traditional tools of construction before concluding that an agency rule is ambiguous” means that Chevron, if properly applied, should be relatively inconsequential: “the court will almost always reach a conclusion about the best interpretation.”
These justices invoke the nondelegation doctrine—the foundational claim that Congress can’t relinquish its own lawmaking power.
In reading the recent decisions, the right wing 5th Circuit doesn't even address APA rulemaking.
I have been shouting from the rooftop for years now. Term limits for all federal judges. District judges every 6 years, appellate judges every 8 years, and supreme court judges every 10 years. How else do you deal with Cannon, Alito, Thomas, etc. Power without accountability is a stupid idea. Ethics and integrity are values of the past.
Mr Reich,
See if you can guess who said this:
"This is really time for our country to come together.” It would be so nice if we could come together and straighten out the world and straighten out the problems."
During Iowa campaign speeches, he insulted and derided DeSantis and Haley. Now Trump is praising them. "I think they both actually did very well.”
Does anyone think any of that is credible? He was told to say this by his handlers! Everyone with half a brain knows it’s BS.
What’s the latest news from Toxics:
Here’s a photo from Houston, Texas, taken Sunday 1/14. We are becoming more and more like 1933 Germany!
Ben Meiselas, of the Meidastouch Network, mentioned last night that if you interview the MAGA CULTIST and ask them, would they rather have Joe Biden for the next 4 years or a Donald Trump Dictatorship?, they would choose a Donald Trump Dictatorship. If you asked them if they would choose Joe Biden to run the country or Vladimir Putin for the next 4 yrs, they’d choose Putin!
As a country, we are leading the rest of the world when it comes to being uneducated and ignorant!Our Congressional Republicans in the House are some of the dumbest people! All you have to do is watch the ridiculous antics of the Republican Party in the House of Representatives! Most of these folks have sold their souls to an Orange Conman. They are doing whatever he wants them to do.
They were voted into Congress by some of the worst and undereducated people in America!
Anyone who thinks Trump is the second coming is delusional! To the Evangelical Christian Trump supporters :
You will be voting for someone who delivers exactly the opposite of Jesus’ teachings! Please rethink your position and invest your time wisely by reading the history of Donald John Trump. You will find that he is not the living legend you think he is.
All of this goes back to the electoral college. Bush became president because of the electoral college and we got Iraq and the never ending war in Afghanistan. He got a Supreme Court justice as well. Then came Trump. Three justices put in by someone who lost the popular vote. Now this court can end these protections. Until we get rid of the electoral college, this debacle will be repeated over and over.
When I was a child my Dad brought home and installed in our station wagon seat belts.
They were silver lap belts and they were ugly.
But, they were not standard or even optional equipment by any car maker at the time. If you wanted seat belts in your car, you had to buy them and install them yourself. Likewise, there was no such thing as a child safety seat or booster seat with seatbelts.
I recall that my Dad also complained that the dashboard inside American cars were painted steel. They had no padding. Add this hazard to a seatbelt-free cabin and the laws of physics, riding in a car in the 1960’s was simply dangerous.
It took years of pro-safety lobbying by Ralph Nader and convincing insurance companies that it was in their interest to join the cause to make American cars as safe as reasonably possible. Later the same scientists who studied and tested car crash safety also looked at what internal combustion engines do to cabin air. The catalytic converter was born to reduce air pollution.
My point here is that, left to their own devices, American automobile manufacturers did not voluntarily advance the safety features they built into the vehicles they sold.
They were more concerned about the cost of such things and the impact this would have on their competitive value proposition than on protecting THE COMMON GOOD of consumers and citizens in general. It took years to convince manufacturers that Americans wanted safer cars. Volvo sold their cars in the States in part by promoting their safety versus all other vehicles.
Eventually, our cars became a much safer mode for transporting our most precious cargo: our loved ones.
Our Federal Government helped us achieve this logical and needed transformation. Stripping away this regulatory authority at a national level will take our nation back in time to the dangerous 1960’s when our cars were truly death traps on wheels. The very air we breathed was filthy. In many cities one could not safely cross the street because air pollution as witnessed in NYC last summer was commonplace. Our drinking water, food and medications were also only marginally tested for purity.
We simply must not allow ignorance and greed to take us back in time to the dangerous, dirty, unhealthy 1960’s.
Theoretically I see the reason for the Republican position in this case. It's surely Congress' responsibility to make laws with sufficient clarity. The President is the head of the executive responsible for implementing them. The judiciary is responsible for interpreting them.
But I'm speaking theoretically. The real situation (a country deeply and bitterly divided with one side having wedded religion to the cult of a personality) is a perilous one for any constitution. I would say that defeating Trump and ending the cult of his personality, and getting a Democrat majority in both Houses of Congress is the real priority, whatever SCOTUS decides.
We are in a Full Blown Crisis in America for a Theocratic FACIST Oligarchy! This is Global in scope and we are tasked to make sure that they are defeated! The Corrupt Supreme Court needs to be held to account! Impeached and Expanded! The 6 Rt Wing Religious Extremists are our Enemies
I can't believe that someone who is undergoing trials for alleged crimes and even sedition is not only out on bail, which he is violating the rules for, but is working with his cronies to mess up our government even more, and have plans to 'off' those with whom they disagree : (Roger Stone on the recording ; Not AI), and spouting lies and propaganda to influence yet more voters and potential jurors. Careful what you wish for ; MAGAs! , you just might get it; and wish it wasn't happening.
Regarding Iowa: Excuse me, but the results are in. Trump won by more than 50%. What's interesting to me is that so many Iowa Republicans would choose someone who lost to Biden in 2020. How can this be? What do they think has changed since 2020 so that Trump can beat Biden this time?
Trump isn't getting any younger either. The economy is chugging along just fine. Unemployment is very low. Wages are up. Not only are things going fine for Biden, but Trump has 91 charges in various courts. What are these Iowa Republicans thinking?
What ever happened to "you get one shot at the ring, and if you lose move over?" I know that's not a Party rule, but conventional wisdom is that if you lose then you ain't got what it takes so move on. Do they really want to double down on the 2020 loser?
It's just hard to believe that half of Iowa Republicans think the 2020 loser to Biden can do better this time now that he's amassed so many civil and criminal charges. In fact, Trump's attorney just argued to Judges that Trump is above the law so he needs immunity. It's astounding.
Even more astonishing is that half of Iowa Republicans must not care that Trump helped organize a violent, deadly insurrection on J6 based on lies about the election being stolen. It was the darkest day in the history of American Democracy transition of power. It was the darkest day in Capital history. It was all because Trump kept pushing lies about the election being stolen. Now more than half of Iowa Republicans want a Trump rematch with Biden?
The Iowa caucus results suggest that either Iowa Republicans think Trump is like a fine wine and gets better with time, OR Iowa Republicans think Trump actually won last time. This why they don't care that Trump lost to Biden. They think Trump won last time, so he can win again. They don't care about the J6 violence against police and desecration of the Capital because the they think the election was stolen so the actions of J6 were justified.
Regardless, you would think Republicans would choose to go for someone who can win by a much bigger margin, not the 11,780 votes Trump wanted to find in GA. Do they really want to go to the big dance with Trump again? He's no spring chicken, more like a chicken hawk. Do they really think Trump can do it this time, despite losing the last time, and the post-election unpatriotic insurrection that greatly tarnished his Presidency?
Is it possible so many Republicans think Trump's failed policies will work this time? All I can conclude is that misinformation has created a very distorted reality for many voters.
Yes, this is dangerous, with an example just last week. Can you imagine Boeing as the sole arbiter of its own regulation? Can you imagine Chevron as the sole arbiter of the Amazon forest in Ecuador? Can you imagine the Koch Brothers regulating the production of fertilizer along cancer alley in Louisiana where they are already the largest fertilizer producer (and methane polluter) in the region? There must be regulatory protection, not just for our wallets, for our lives. Companies are not moral if their only mandate is shareholder satisfaction. Therefore government must regulate, and we the people have to elect a government that will do so or we face our own peril.
It may sound melodramatic but I believe it’s true - we rely on a few thousand Americans in key voter states to save the world. Another Trump presidency will plunge not just the US but the Middle East and here in Europe into further depths of bitter conflict - divisions not only across borders but within communities.
You guys need to get your act together... quickly...please.
What the "hell" has happened in America? I can't believe that this country which was founded on the freedoms we've all grown up with, fought for during 2 World Wars, Korean Conflict, Vietnam War, who we all either lost a family member or a neighbor are going to throw it all away because of Trump who knows nothing except how to "screw people" the narrow minded Supreme Court judges who think they know best and will screw the America people...and all of the everyday Joe's who are swept away with Trump and he'll make America great again....where are your God given brains? People in Iowa..do you honestly think that Trump and his henchmen are going to make your life better? Open your eyes and get your heads out of Trump's butt and see the light.... Trump and his judges will strip away what he didn't destroy last time and you Trump supporters are going to pay the price along with the rest of us...only then you'll have put a DICTATOR in office and there will be no going back..we as Americans will pray for death just as the JEWISH people did during WWII...
The corporate Oligarchs have been chipping away at all the progressive advancements established during the New Deal era of F.D.R! Now that they have a 6/3 conservative majority at SCOTUS they are going for the kill! Democracy be damned!
Very well written Dr Reich the problem is you are speaking to the converted. The vast majority of my fellow Americans don’t know this is happening and therefore don’t realize how this affects their lives. They are more interested in the Super Bowl. I really fear for the future of the United States.
It’s time to limit the power of the president and limit the time Supreme Court judges sit in their bench. Two, maximum three 4year term limits should be established. It is absurd that the president, one individual has so much power that he can destroy the democratic system, or whatever other system that exists. As we’re dealing with a relatively uninformed and intellectually lazy population , a narcissistic, egocentric person like the president who ruled and pretty much destroyed the power of many regulatory agencies to control the economy and the environment and the international trade system to align himself with dictators like Putin and the North Korean dictator. We must improve our education system vans teach what it means to be citizens of a democracy. Our individualistic, capitalist society has become its own worst enemy. Let’s learn from social justice and democracy from countries like Denmark, Switzerland and India to mention just a few. If the egomaniacs who support a criminal, who proved to all of the world that he wasn’t interested in the wellbeing of the people of the United States nor cooperation of nations to protect and strengthen world peace and international borders -- if the USA re-elects this Mega Cult leader we follow the sure path of the fall of the Roman Empire! 😳👎🙅♀️🙏🏻👍☮️
This used to be my subject. Administrative Law.
I've written about this many times. In theory Congress gave us a mini Constitution in 1948 when it passed the Administrative Procedure Act., APA, which in part sets out rules for agencies to write regulations
Unfortunately, starting in the 1990s organizations like the Heritage Foundation and the Federalist Society began to oppose "the administrative state." Chevron was a case that provided that where there was some question about the meaning of a statute, the Supreme Court would defer to the agency interpretation of its own regulations.
Chevron , 1984 was not the first time that the Supreme Court expressed agency deference. In Skidmore Swift & Co., 323 U.S. 134 (1944), it said that an administrative agency's interpretative rules deserve deference according to their persuasiveness. In Skidmore there was no issue whether there were different interpretations from the language of the regulation.
From my perspective, an agency makes its best case when it holds hearings and there are facts that show a need for regulation.
What has been happening in administrative law, is there is a theory in right wing circles that because administrative law was not mentioned by the Constitution, all of it is unconstitutional. For example in
"Is administrative law unlawful?" Philip Hamburger, Professor of Law at Columbia argues that while the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. 2014.
In National Association of Business v. DOL (OSHA), 2022, SCOTUS stopped an Occupational Safety and Health Administration rule for larger businesses to either require vaccines or have a masking and testing policy. And in a 5-4 order, the justices allowed a Centers for Medicare and Medicaid Services vaccination mandate for health care workers at federally funded health care facilities. IMHO had Biden held hearings and made factual findings under APA procedures, the outcome could have been different.
In Biden v. Nebraska, 2023. the Supreme Court ruled that the student-debt cancellation plan was an impermissible interpretation of a provision in the post–9/11 HEROES Act that allows the secretary of education to “waive or modify” loan terms in certain emergencies. In finding the secretary’s interpretation of that limiting language too much of a stretch, the Court recognized that executive-branch officials can only enforce duly enacted congressional legislation rather than taking action that goes beyond those parameters to make new law. Chief Justice John Roberts’s majority opinion also cited a backup argument, known as the “major questions doctrine”—holding that the Court will not assume that Congress has, without explicitly saying so, delegated the power to regulate significant economic or social matters.
Several Justices have criticized or sought to limit Chevron deference in recent years. In 2015, Thomas wrote that Chevron “wrests from Courts the ultimate interpretative authority to ‘say what the law is’” and instead gives it to the executive branch. Gorsuch has written that “the aggressive reading of Chevron has more or less fallen into desuetude—the government rarely invokes it, and courts even more rarely rely upon it,” but “the whole project deserves a tombstone no one can miss.”
Roberts has embraced the “major questions” limitation on Chevron, declining to accept an implicit delegation of authority on any “question of deep economic and political significance that is central to [the] statutory scheme” and assuming instead that “had Congress wished to assign that question to an agency, it surely would have done so expressly.” Justice Samuel Alito has observed that Chevron resulted in “a massive shift of lawmaking from the elected representatives of the people to unelected bureaucrats.”[Justice Brett Kavanaugh has also written in favor of “preserv[ing] the separation of powers” and “vital check[s] on expansive and aggressive assertions of executive authority.” Elsewhere, he has written that Chevron’s command that reviewing courts “must exhaust all the traditional tools of construction before concluding that an agency rule is ambiguous” means that Chevron, if properly applied, should be relatively inconsequential: “the court will almost always reach a conclusion about the best interpretation.”
These justices invoke the nondelegation doctrine—the foundational claim that Congress can’t relinquish its own lawmaking power.
In reading the recent decisions, the right wing 5th Circuit doesn't even address APA rulemaking.
Money First then the health of the people
I have been shouting from the rooftop for years now. Term limits for all federal judges. District judges every 6 years, appellate judges every 8 years, and supreme court judges every 10 years. How else do you deal with Cannon, Alito, Thomas, etc. Power without accountability is a stupid idea. Ethics and integrity are values of the past.