250
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 13 Jun 2024
250 points (99.6% liked)
politics
19165 readers
686 users here now
Welcome to the discussion of US Politics!
Rules:
- Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.
Links must be to the original source, not an aggregator like Google Amp, MSN, or Yahoo.
Example:
- Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
- Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
- No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive. Similarly, if you see posts along these lines, do not engage. Report them, block them, and live a happier life than they do. We see too many slapfights that boil down to "Mom! He's bugging me!" and "I'm not touching you!" Going forward, slapfights will result in removed comments and temp bans to cool off.
- Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
- No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning
We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.
All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.
That's all the rules!
Civic Links
• Congressional Awards Program
• Library of Congress Legislative Resources
• U.S. House of Representatives
Partnered Communities:
• News
founded 2 years ago
MODERATORS
They just weakened the NLRB in another opinion and when they destroy the Chevron deference principle this year, the NLRB (and a lot of other regulatory agencies like the FDA, EPA, etc) is going to be neutered.
SCOTUS is potentially on the ballot in November. Hope you all vote with reproductive access and labor rights in mind.
Anyone care to ELI5 nlrb and chevron deference?
The National Labor Relations Board is the federal agency that is responsible for regulating labor and workers' rights. 15-20 times a year, they use a court injunction to force a company to rehire employees that were fired due to attempted unionization (usually hidden under a BS other reason). The court made it much harder for those injunctions to be granted, meaning unionization efforts are going to be chilled.
The Chevron deference principle refers to a principle stemming from a prior case that effectively defers to federal agencies over courts when there are questions on implicit powers of those agencies. Weakening or destroying this effectively means any power for a federal agency must be explicitly granted in the text of a law, which republicans will never, ever do or allow. This is going to severely undercut the powers of every federal agency we have in varying degrees. Another conservative wet dream.
Thanks! And it sounds like we’re going to be screwed once these are changed.
I'm really, really worried about it. The FDA is going to lose powers it uses to ensure our food and medicine isn't killing us. The EPA is going to effectively be an advisory agency after this. The FTC looked like it might be back in business this admin, and it's going to be neutered. I'm not even explicitly opposed to this if our legislative branch wasn't inept and/or captured, but... we all know it is and it's not getting better soon.
Hopefully they kill the FDA and all drink raw milk to death, idk.
My republican friends can eat bat at the meat market on the corner, I’m gonna stick with the FDA certified grocery store…
You think you'll have the option?
Yes
Chevron deference <------- Non-ELI5
Not a law-talker type here, but essentially, when the legislature creates an agency like the FDA, it delegates powers to them to make rulings on certain matters but does not specifically legislate every decision that agency has to make. It says that the FDA can make rulings about drug safety, but it doesn't say explicitly what drugs the FDA can make decisions about.
In this particular case, the FDA has said that a drug, mifepristone, is safe and doctors can prescribe it to patients. The law suit claimed that the FDA overstepped it's authority because the legislature never explicitly gave the FDA the power to do that. This is a flawed argument because SCOTUS already decided, in the linked case above, that it was inappropriate for the court to substitute its own interpretation of a rule on an issue like this where the legislature gave an agency an implicit power to make such a decision as long as the agency's decision is reasonable.
That is the Chevron Deference. It means that the courts should defer to agency rulings when those rulings are reasonable even if the power to make the ruling is only implicitly granted to the agency.
I may not be dead on the mark here, but I think I'm fairly close. If not, I'm sure some real law-talker type will be along to correct me.
Not a lawyer either, to be clear. I think your general description holds, but the example wouldn't. Individual drugs would still fall under the explicit granted ability to regulate "drugs" as a whole. I think the injunction power referenced in today's NLRB ruling might be a good example actually, even if they didn't explicitly reject it via this mechanism today.