Maddow Blog | Why a Supreme Court ruling will change how the government works

Chances are, typical Americans have never heard phrases such as “Chevron deference” and “administrative state,” so most of the public will likely shrug their shoulders in response to the Supreme Court’s 6-3 decision in Loper Bright Enterprises v. Raimondo. But it’s no exaggeration to say that this one ruling will affect nearly everyone in the country by changing how the government works.

My MSNBC colleague Jordan Rubin explained this morning:

I’m mindful of the fact that when normal people see the words “federal regulatory authority” in a sentence, they immediately look for something else to read, but stick with me for a minute because I think readers will end up caring more about this than they might assume at first glance.

Indeed, if this weren’t important, corporate giants — including the exceedingly wealthy interests who showered Justice Clarence Thomas with luxurious gifts — wouldn’t have spent the last several decades fighting tooth and nail for the victory that Republican-appointed Supreme Court justices handed them today.

The underlying issue isn’t as complex as it might seem. Congress passes all kinds of laws intended to protect the public, but it’s unrealistic to think lawmakers will be able to draft legislation with granular specificity and crystal-ball foresight. Congress can approve a bill related to preventing air pollution, for example, but it doesn’t — and can’t — write technical details related to particulate matter.

With this in mind, the legislative branch delegates these decisions to relevant federal agencies. Congress passes laws related to food safety, but it’s left to scientists and health experts at the FDA to work out the details and shape federal policies to prevent people from getting sick. Congress passes laws related to auto safety, but the officials at the National Highway Traffic Safety Administration craft specific standards.

In 1984, in a case called Chevron v. Natural Resources Defense, the Supreme Court ruled unanimously that this is how the regulatory process is supposed to work, and when there are inevitable legal ambiguities, the relevant federal agencies would have regulatory flexibility.

Today, Republican-appointed justices overturned that decision. Instead of having the federal government defer to experts in relevant agencies, power will now shift to the courts.

In her dissent, Justice Elena Kagan walked through some of the practical scenarios. When it comes to food safety, for example, “When does an alpha amino acid polymer qualify as such a ‘protein’? Must it have a specific, defined sequence of amino acids?” For the last 40 years, such questions were answered by federal scientific experts. Going forward, the Supreme Court’s far-right majority expects judges to provide the answers.

Similarly, Kagan added, Congress passed the Endangered Species Act, mandating the designation of “vertebrate fish or wildlife” species, including “distinct population segment[s]” of those species. The justice asked, “What makes one population segment ‘distinct’ from another? Must the Service treat the Washington State population of western gray squirrels as ‘distinct’ because it is geographically separated from other western gray squirrels?”

For the last 40 years, such questions were answered by knowledgeable officials at the Fish and Wildlife Service. Going forward, the Supreme Court’s far-right majority expects judges to provide those answers, too.

“In one fell swoop, the majority today gives itself exclusive power over every open issue — no matter how expertise-driven or policy-laden — involving the meaning of regulatory law,” Kagan concluded. “As if it did not have enough on its plate, the majority turns itself into the country’s administrative czar.”

This will change how the government works — and it’s not a change for the better.

This article was originally published on MSNBC.com

OTHER NEWS

16 minutes ago

Giorgi Mamardashvili: Chelsea and Man Utd accelerate pursuit of Euro 2024 hero

16 minutes ago

California campaign wants to shut down incoming Nevada fireworks

16 minutes ago

Florida prosecutors knew Epstein raped teenage girls 2 years before cutting deal, transcript shows

16 minutes ago

NYC officials put gelato artisan’s $2.4M illegal rental scheme on ice: suit

16 minutes ago

Video: Do you have 'cousin face'? Woman left stunned by wild theory after bumping into 'familiar' face at party

21 minutes ago

Co-ops in Saskatchewan are still recovering from cybersecurity incident

24 minutes ago

Bill Simmons feels this is the right time to trade Draymond: "We're not gonna be good for one year, and we'll make it up to you"

24 minutes ago

Kerry GAA says stadium renovations in jeopardy after exclusion from 'Golden Visa' scheme

24 minutes ago

Turkey mediates between Somalia and Ethiopia to ease diplomatic tensions

24 minutes ago

A media 'nervous breakdown'? Calls for Biden's withdrawal produce some extraordinary moments

24 minutes ago

Wimbledon day one: Sabalenka pulls out as Raducanu, Alcaraz and Sinner all win

24 minutes ago

Tesla deliveries may disappoint...again

24 minutes ago

Goodbye Warriors, thanks for the memories. Klay Thompson's departure spells dynasty's end

24 minutes ago

NHL reinstates Stan Bowman, Al MacIsaac and Joel Quenneville after Blackhawks scandal

24 minutes ago

Montella will have to work magic with depleted Turkey squad v Austria

24 minutes ago

Acra acting early to root out unethical corporate service providers

24 minutes ago

Seeking a career in the sustainability space? Try volunteering first, says panellist

24 minutes ago

'Good example': Why this moment had Flanno smiling

24 minutes ago

Report: Draymond Green Reached Out To Cavaliers Players To Express Confidence In Kenny Atkinson Hire

24 minutes ago

U.S. Senior Open: Richard Bland earns monumental 2nd major victory in dramatic playoff

24 minutes ago

76ers make a splash with $400 million in contracts for Paul George and Tyrese Maxey

24 minutes ago

Canucks sign Vincent Desharnais to two-year deal

24 minutes ago

This is a powerful statement by the Supreme Court: Brett Tolman

24 minutes ago

Kaapo Kahkonen signs one-year deal with Jets

24 minutes ago

‘It Looks Like a Spaceship’: UFO Claims From Staff at Famed Colorado Concert Venue—‘Hovered in Place for 30 Seconds’

24 minutes ago

Mexico deserves better than El Tri's anemic approach

24 minutes ago

Aston Villa sign Iling-Junior and Barrenechea

24 minutes ago

Derry Girls creator Lisa McGee behind new Irish comedy-horror on Netflix

24 minutes ago

Grade the trade: Hawks receive high mark for Dejounte Murray deal

24 minutes ago

Trade Proposal Sends Lauri Markkanen To Thunder, Lu Dort And Walker Kessler To Spurs, Draft Picks To Jazz

24 minutes ago

Gender disparities in heat wave mortality in India

24 minutes ago

‘The Bikeriders' Costumes Are an Ode to Midwestern Motorcycle Clubs and Marlon Brando in ‘The Wild One'

24 minutes ago

Best Firefly Builds And Teams – Honkai: Star Rail

24 minutes ago

2024 NBA Free Agency: Best Available Players After Day 1 Frenzy

24 minutes ago

Tense moment Russian spy plane is intercepted by Nato jet

27 minutes ago

North Texas JROTC instructor killed by his own son, affidavit says

31 minutes ago

Couple is ‘hunted’ up Hawaii volcano after violent carjacking: ‘We were going to die’

32 minutes ago

Campaigners lament ‘disproportionate and distorted’ UK election coverage of trans issues

32 minutes ago

The 'shadow' Tory leadership battle is ALREADY under way

32 minutes ago

Add a cool summer crochet shirt to your handmade wardobe