During a major hearing this week, the conservative justices made clear theyāre about to gut the federal governmentās power to regulateāand take that power for themselves.
The Supreme Court heard two consolidated cases yesterday that could reshape the legal landscape and, with them, the country. The cases take on Chevron deferenceāthe idea that courts should defer to executive agencies when applying regulations passed by Congress. Theyāre the most important cases about democracy on the courtās docket this year, and I say that knowing full well that the court is also set to decide whether a raving, orange criminal can run again for president, and whether former presidents are immune from prosecution for their crimes in the first place.
Thatās because what conservatives on the court are quietly trying to do is pull off the biggest judicial power grab since 1803, when it elevated itself to be the final arbiter of the Constitution in Marbury v. Madison. Theyāre trying to place their unelected, unaccountable policy preferences ahead of the laws made by the elected members of Congress or rules instituted by the president. If conservatives get their way, elections wonāt really matter, because courts will be able to limit the scope of congressional regulation and the ability of presidents to enforce those regulations effectively. And the dumbest justice of all, alleged attempted rapist Brett Kavanaugh, basically said so during oral arguments.
Iām contractually obligated to tell you that the cases were technically about fees that fisheries are required to pay to federal observers. But all the justices talked about was Chevron deference. Only Justice Sonia Sotomayor even bothered to mention the fish, three hours and 20 minutes into a three-and-a-half-hour hearing.
Are any of the āliberalā media outlets actually arguing that this will be fantastic and great for economic growth?
CNN, NPR, BBC America, MSNBC are all talking about how this is a power grab for the courts and will be completely disruptive in terrible ways.
They kind of sleepwalked into it, especially CNN and the NYT. Theyāre still exceedingly unwilling to call out protofacism, still too eager to appear fair and balanced, and theyāre still allowing the right wing to set the agenda.
Itāll be particularly tragic in a decade or so when the editors of the WaPo or NYT get defenestrated, and no amount of Hugh Hewitt fascist wster-carrying editorials will make the right wing respect them.
Itās particularly horrifying to see regulatory institutions becoming gun-shy about doing their jobs because theyāre worried about a Republican AGs looking for precedent to further dismantle the regulatory state. The EPA is currently afraid to do its job, and the FCC, FDA and FTC are also being cautious. I can imagine the SEC and IRS are a little worried, too.