POPVOX Foundation’s Post

The U.S. Supreme Court’s recent decision in Loper Bright Enterprises, Inc. v. Raimondo significantly changes the balance of interpretive authority between the federal judiciary and executive agencies. This ruling ended 40 years of precedent, set by a doctrine known as “Chevron deference,” and will eventually impact the work of local governments in North Carolina. Learn more about how local governments will be affected at https://loom.ly/UtLIyG0

Could we be entering an era where political parties grow stronger? At a time when majorities of Americans hold unfavorable views towards both the Democratic Party and the Republican Party, it might seem odd to think that stronger political parties could be a critical part of reducing polarization. Yet the case for this is likely to grow stronger in the coming weeks when, as many legal observers expect, the Supreme Court overturns or significantly alters the Chevron doctrine, a 40-year doctrine saying courts should show some deference to federal agencies on interpreting ambiguous laws. (See SCOTUSblog for summary - https://lnkd.in/e_Jn_JB4.) A potential consequence could be to increase pressure on Congress to pass laws that are not ambiguous, forcing members to grapple with issue details they might previously have left to agencies to figure out. This will ultimately require a Congress that can better craft, negotiate, and pass legislation. There are interesting and important efforts to help strengthen Congress's capacities for legislating by reforming things like Congressional staffing, support for Congressional outfits such as the CRS or CBO, and other reforms. (See Marci Harris and Zachary Graves in Newsweek on this--https://lnkd.in/eMcSVnav). Another critical piece, though, is the parties themselves. Political parties have a unique role in developing politicians and cultivating legislators who are inclined towards problem solving and who have the relevant experience to effectively produce legislative outcomes. You can see arguments for this coming from a variety of sources: in the The Wall Street Journal (https://lnkd.in/erWbSWWW); democracy scholar Didi Kuo here (https://lnkd.in/e_sPjR2w); among others (e.g., Lyceum Labs is also working to support political leadership that focuses on solutions-oriented governing). Interestingly, it was not that long ago when both major political parties had favorability ratings above 50%. Could Chevron be a catalyst that moves us closer to a time when that holds true again? Possibly. So much depends on where and how Americans choose to hold different political actors accountable. Chevron or no Chevron, the American people still hold the power and responsibility for determining the kind of politics and political leaders we have. #scotus #politics #polarization

For the last 40 years, U.S. regulatory agencies have been empowered to interpret legislation and make specific concrete rules to enforce the aims of laws passed by Congress. With the Supreme Court’s 6-3 ruling against agency’s rule-making ability last week, the U.S. government’s vehicle for enforcing regulations concerning the environment, worker safety, and other consumer protections diminish. In our latest Terry Faculty Insights, David Mustard, Josiah Meigs Distinguished Teaching Professor at The University of Georgia, discusses the impacts of the recent U.S. Supreme Court ruling. https://lnkd.in/eUTbDNeB

This feature on how to #FixCongress in The American Prospect is fantastic: https://lnkd.in/eJd2DGAk Make time to read it to understand why modernizing the First Branch of U.S. government to increase its capacity for legislating & oversight is crucial for governance & American democracy writ large.

"The Loper Bright Enterprises decision is poised to have immediate effects on the federal judiciary and on federal agencies, themselves. Participants in every industry and sector of the economy that is subject to or influenced by federal regulation and the actions of federal administrative agencies should play close attention to see what develops." If you want a good explanation of this landmark decision, take a moment to read this article from Harris Beach PLLC. https://lnkd.in/g33HJqhG

𝗜𝘀 𝗮 𝘀𝗲𝗰𝗼𝗻𝗱 𝗧𝗿𝘂𝗺𝗽 𝘁𝗲𝗿𝗺 𝗻𝗲𝗰𝗲𝘀𝘀𝗮𝗿𝘆 𝗼𝗿 𝘂𝘀𝗲𝗳𝘂𝗹? This landmark ruling by a Trump-appointed SCOTUS should be at the forefront of the conservative politics, as it achieved the "absolute" free market ideals long sought by the right - and I am not certain Trump's constituents understand its true significance, or that it renders a 𝐬𝐞𝐜𝐨𝐧𝐝 𝐓𝐫𝐮𝐦𝐩 𝐬𝐮𝐩𝐞𝐫𝐟𝐥𝐮𝐨𝐮𝐬. In fact, this "administrative state" SCOTUS opinion is not too different than Javier Milei - the far right Argentinian President who radically did away with the regulatory state in that South American nation at the delight of American conservatives, who support his "absolute" free market economic ideologies wholeheartedly. 𝐓𝐡𝐮𝐬 - 𝐭𝐡𝐞𝐫𝐞 𝐢𝐬 𝐚𝐧 𝐢𝐦𝐦𝐢𝐧𝐞𝐧𝐭 𝐭𝐫𝐚𝐧𝐬𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐭𝐡𝐞 𝐀𝐦𝐞𝐫𝐢𝐜𝐚𝐧 𝐞𝐜𝐨𝐧𝐨𝐦𝐲 𝐮𝐧𝐝𝐞𝐫𝐰𝐚𝐲 𝐰𝐡𝐢𝐜𝐡 𝐰𝐢𝐥𝐥 𝐥𝐚𝐬𝐭 𝐟𝐨𝐫 𝐝𝐞𝐜𝐚𝐝𝐞𝐬 - 𝐓𝐫𝐮𝐦𝐩'𝐬 𝐬𝐮𝐩𝐩𝐨𝐫𝐭𝐞𝐫𝐬 "𝐰𝐨𝐧" 𝐝𝐫𝐚𝐦𝐚𝐭𝐢𝐜𝐚𝐥𝐥𝐲 𝐚𝐬 𝐭𝐡𝐢𝐬 𝐜𝐡𝐚𝐧𝐠𝐞 𝐰𝐢𝐥𝐥 𝐧𝐨𝐭 𝐛𝐞 𝐮𝐧𝐝𝐨𝐧𝐞 𝐟𝐨𝐫 𝐡𝐚𝐥𝐟 𝐚 𝐜𝐞𝐧𝐭𝐮𝐫𝐲. 𝐀 𝐬𝐞𝐜𝐨𝐧𝐝 𝐓𝐫𝐮𝐦𝐩 𝐭𝐞𝐫𝐦 𝐢𝐬 𝐭𝐡𝐞𝐫𝐞𝐟𝐨𝐫𝐞 𝐬𝐮𝐩𝐞𝐫𝐟𝐥𝐮𝐨𝐮𝐬.

In an article recently published in the Georgetown Journal of Law & Public Policy, Gibbons Director Noel Hillman provides a detailed history and analysis of the #SpecialCounsel Regulations and the application of those regulations in the current political climate. The Hon. Noel L. Hillman (Ret.) is the Chair of the firm’s #AlternativeDisputeResolution (#ADR) Group. To read the full article, see https://lnkd.in/g5SGibyE (georgetown.edu)

https://lnkd.in/edzfQXve   Since 1984, federal courts have deferred to government experts when statutes are ambiguous. Such deference permits Congress to draft commonsense legislation without illegitimate government overreach. It also allows experts in various fields to apply their training, research, and sound professional judgment when parsing the legislation’s application.   Federal judges are smart, but they are not marine scientists, algorithm designers, or educators. Judges alone, especially politically appointed judges, should not be bearing the responsibility of interpreting technically complex material.   Unfortunately, this ruling appears to be part of a larger pattern in America. This pattern translates individuality and equality into the lowest common denominator. It is best expressed in the phrase, “you think you’re better than me?!”   Very few people would presume to believe they share an athletic skill set with Tom Brady or LeBron James. But a shocking number of people believe they are equally qualified as trained and experienced experts to interpret climate change models or conduct economic analyses of low-cost housing projects.   Everyone is entitled to their own opinion. But in cases requiring expertise, expert opinions just mean more.  

👉 "The ability of federal agencies to issue regulations in the public interest is foundational to our democracy, by ensuring that there are sensible guardrails in place that prioritize the public interest and minimize corporate overreach. Without reasonable regulations, corporations can profit from practices that externalize costs onto the public, to the detriment of society. Today’s ruling further concentrates power in the judiciary, reduces the government’s ability to ensure a level playing field, and once again demonstrates that the U.S. Supreme Court will put corporations before the American public." -- Josh Zinner of Interfaith Center on Corporate Responsibility (ICCR) #bizhumanrights #corporateresponsibility #chevron #democracy #supremecourt #regulation #unitedstates https://lnkd.in/eS-PJ8MV

📅 On March 6, hear from Counsel Janet Howe and her fellow panelists, Sara Ghafouri and Sarah Elizabeth Melton, as they provide an overview of the cases highlighted in the American Bar Association's 2023 Forest Resources Year in Review. They will also share their thoughts on what to expect in the next year. Learn more and register: https://bit.ly/3OLhuPW. #EnvironmentalLaw #ForestResources #ForestResourcesLaw