The legislature can override an agency whenever they want by passing a law to that effect. What Chevron deference changes is who wins if the law is ambiguous and the courts and the agency disagree on the best interpretation. The old rule was that the agency wins, now the court wins.
Ok, I still see the long term result if the legislature was actually functioning should be that laws become less ambiguous. It should prevent them from making intentionally ambiguous laws and punting to exec branch.
Try Germany or Estonia
This is a really oversimplified understanding though. They made agencies filled with subject matter experts so that Congress wouldnāt have to delve into the details of every tiny thing. For instance, good luck having 218 house members and 60 Senators figure out the precise piece of equipment necessary for mitigating air pollution at a coal plant and updating it every time thereās an innovation. They arenāt making intentionally ambiguous laws on a lark, itās because the shit is way too complicated for the random dipshits that comprise the legislature to figure out on their own so they do the broad strokes and leave it to the experts in the executive to figure out. All that Loper did was transfer that power from experts at agencies to politicians in robes on the bench.
Ehh this came off as more condescending and missing your point than I wanted. I swear I actually had a different train of thought that I forgot halfway through. Finishing up a 17-hour shift. Lots of long shifts from Sunday forward, and stressed about too much other shit too
No thanks
If SCOTUS has shown us one thing, it is that there is no version of any law that can be written they canāt interpret anyway they want. See bump stocks for example.
It was this way for like 150 years, but we saw it as progress for most of that
https://x.com/EmersonPolling/status/1816414533520367753
Work to be done, but not too bad of a picture here since Harris winning the bottom three would likely win the election and a competitive Georgia creates additional outs.
And this is an RV poll, so gotta hope weāre outperforming with LV.
Donāt polls with RV/LV splits usually shift GOP a bit when going from RV to LV? Not sure these would look rosier with a good LV screen, but hopefully the noise about young voters registering en masse is more than just anecdotal. Obviously that could be significant.
Not these days. Marginal voters break GOP
hahaha thereās your problem
yeah this, itās sort of flipped from the old conventional wisdom
Iām very afraid that this is where we will be at the finish line as well.
Iām pulling for the Khive obviously, but I just donāt see it. At least weāve got a sweat, tho.
Iām more optimistic than you about this. Not overwhelmingly so, but still. Since those blue wall states are all currently forecasting Dem Senate wins, itās easy to see continued gains to do away with the gap where the presidential ticket was running well behind down-ballot candidates during the last few weeks of Biden polling.
Yeah, I completely agree. The system doesnāt reward legislators for legislating. Bills that can pass have to be bipartisan because of the filibuster, but legislators (especially in the House) are most worried about their primaries, and passing bipartisan bills is bad for your chances of winning a primary. With that dynamic in place, other actors are going to gobble up power that ābelongsā in Congress.
For sure, but I think our system of elections helps lead to the capture of politicians. There are other huge problems besides parties and presidents though of course. Seniority in Congress and the lack of representation of people in populous states in the Senate are immensely undemocratic.
Also, I like to talk about freedom more than democracy and those arenāt the same things. People vote away freedoms all the time.
Neither Congress nor the courts are capable of doing what the bureaucracy does though. And not just because of the kinds of elections, but because of the size and expertise of the workforce. Chevron will mean less regulation.