The Synopsis - The Supreme Court’s Attack on the Administrative State

Prof. Joel Eisen discusses three related cases that are currently pending in the Supreme Court: Loper Bright v. Raimondo, SEC v. Jarkesy, and Corner Post v. Board.

[@gripdriver09]

It’s about time!

[@timotb1]

Agencies have over reached.

[@andrewzych4591]

I want my god damn jury trial if they are going to fine me. I dont want to be under the thumb of unelected bureaucrats, and screw these judges trying to legislate from the bench.

[@poduck2]

1. I don't think it takes much knowledge about the facts to determine what the law says. The ability of the EPA to know what things are damaging to the environment doesn't say anything about the law that allows them to implement that knowledge. The two things are entirely separate. Chevron has essentially handed over to the executive branch the reigns of both the legislature and the court, which I think is completely inappropriate. Courts are designed to determine what the law says, and unless knowledge about the environment gives them better knowledge of statutory construction than the courts, they should never be able to make their own decisions about what the law says.
2. I don't think that it's a good argument that it will cause difficulty to the state if the constitution is upheld. The state made the mistake by violating rights, and therefore they have to be the ones to pay the consequences.