The Immunity Case Is Actually Not the Most Consequential One Before the Court This Week
The Immunity Case Is Actually Not the Most Consequential One Before the Court This Week
Some time this week—I think—the Supreme Court is going to rule on more than one case that might change radically the structure of American government. The one with all the bells and whistles is the case on absolute presidential immunity. But it’s the others that may have the most sweeping impact. Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce threaten what has become known as the “Chevron deference,” whereby the federal courts must defer to the federal agencies in their interpretation of ambiguities in their statutory obligations. Toss the Chevron deference and every time the EPA wants to close a facility leaching poisons into the drinking water, a federal court will decide the issue. That would be just as bad as it sounds. Corporate interests have been itching to get rid of the Chevron deference for as long as it has existed. The chief argument mustered against it is that it allows Congress to unconstitutionally delegate its powers to federal administrative agencies or to private entities.
As we saw in the case upholding the law banning guns to people under restraining orders, the Nine Wise Souls are experiencing agi1ta over the consequences of its terrible gun-rights decisions in the Bruen and Heller cases, not to mention the green light they gave to every maniac with a bump stock wanting to turn his semi-auto into a machine gun. The majority opinion in U.S. v. Rahimi barbecues the English language trying to square that case with the "originalism" that was allegedly the basis of their opinions in Bruen and Heller.
On Monday, the Court made a ruling that, looked at from a certain angle, might indicate that there are limits to this Court's sweet-tooth for non-delegation. From PBS:
The Supreme Court on Monday rejected a challenge from Republican-controlled states to a horse racing safety law that has led to national medication and anti-doping rules.The justices left in place an appeals court ruling that upheld the law and rejected claims that Congress gave too much power to the Horseracing Integrity and Safety Authority, the private entity that administers the rules.
The rules that were allowed to stand were rules that did the job they were designed to do. Equine fatalities have dropped 38 percent over the first three months of the year. (However, the seven fatalities at Churchill Downs in the run-up to the Kentucky Derby blew that bell curve all to hell.) Oklahoma, Louisiana, and West Virginia challenged the regulations, and the Court slapped them down hard. Of course, using minor cases to mitigate the fallout that occurs as a result of their major decision is a thoroughly political act. People should remember that.