Dear Friends,
While Congress is off enjoying its recess (cue the sound of fireworks), let’s use this opportunity to shift our usual focus to the other two branches of our government, and take a look at how the recent Supreme Court decisions will change the way we are governed, and the impact of the Presidency on the legislative process.
The Supreme Court's Recent Decisions
The Supreme Court handed down several landmark decisions that will significantly impact our democracy and our lives and fundamentally shift the balance of power within our government. The conservative majority of the Supreme Court decided to strip federal agencies of much of their power and vastly expanded presidential immunity.
Chevron deference
Chevron deference is a forty-year old legal principle that says if a federal agency’s regulations are ambiguous, courts should defer to the agency’s explanation of its rules because of the agency’s expertise in the subject matter. This has allowed agencies to fill in gaps left by Congress in complex legislation, and has put the experts in a particular subject area in charge of interpreting the laws that they administer. And now, judges will interpret disputed laws instead.
What does this mean? Well, imagine Congress passes a law that requires the Environmental Protection Agency (EPA) to regulate "air pollutants" to protect public health. However, the term "air pollutants" is somewhat ambiguous. Does it include carbon dioxide (CO2), a major contributor to climate change, or just traditional pollutants like sulfur dioxide (SO2) and nitrogen oxides (NOx)?
Under Chevron deference, if a law is ambiguous, the court would defer to the federal agency’s reasonable interpretation. So if the EPA decided that "air pollutants" includes CO2, the courts would uphold that interpretation. But with Chevron deference overturned, federal courts will interpret these statutes themselves, without giving weight to the agency's expertise and policy decisions. This shift could have significant impacts on everyday people in several ways:
Regulatory Uncertainty: Without Chevron deference, federal agencies' ability to implement regulations effectively could be hampered by constant legal challenges that take years to play out. Courts might frequently overturn agency rules, causing regulations to change frequently based on varying judicial interpretations. This chaos can affect businesses, workers, and consumers who rely on consistent regulations.
Public Health and Safety: Agencies like the EPA, Federal Drug Administration, and Occupational Safety and Health Administration use their expertise to create regulations that protect public health and safety. Overturning Chevron could lead to courts rejecting agency interpretations, potentially weakening environmental protections, food and drug safety regulations, and workplace safety standards. For instance, if a court disagrees with the EPA’s interpretation of what constitutes an "air pollutant," regulations on harmful emissions might be rolled back, increasing pollution and health risks. We know special interests have been waiting to bring a barrage of lawsuits challenging these regulations, and now it’s open season.
Economic Impact: Industries that depend on clear and stable regulations, such as manufacturing, energy, and pharmaceuticals, might face increased compliance costs and legal uncertainties. This could lead to higher prices for goods and services, impacting everyday consumers.
Consumer Protections: Agencies like the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB) enforce rules to protect consumers from unfair practices. If courts are more likely to overturn these rules, consumers might face greater risks of fraud and exploitation.
Environmental Protection: Regulations aimed at combating climate change, such as limits on greenhouse gas emissions, could be at risk. If courts don’t uphold agency interpretations that broaden environmental protections, efforts to address climate change could be undermined, affecting public health, agriculture, and overall quality of life.
Trump's Immunity
The case of Trump v. United States reached the Supreme Court to address whether a former president can claim immunity from criminal prosecution for actions taken while in office. Former President Trump faced charges of conspiracy and obstruction of justice related to his efforts to overturn the 2020 election results and his involvement in the January 6th insurrection. Special Counsel Jack Smith argued that these actions were outside the scope of official presidential duties and thus not protected by immunity. Lower courts agreed, leading to Trump's appeal to the Supreme Court, which had to decide the extent of presidential immunity.
In an unprecedented decision, the Supreme Court ruled that former President Trump is immune from civil lawsuits seeking damages for his actions while in office, specifically relating to the January 6, 2021 insurrection. This ruling is an expansive and dangerous interpretation of presidential immunity, potentially placing the President above the law. Although the conservative majority argued that this immunity is necessary to allow the President to perform their duties without fear of constant litigation, Justice Sotomayor’s powerful dissent laid out the real stakes here: the Court has gutted presidential accountability,, and set a dangerous precedent that will allow future presidents to act with impunity.
With this decision, the Court has eroded the principle that no one is above the law and thrown off the checks and balances essential to preventing abuses of presidential power.
This decision and the decision to do away with Chevron deference highlight the troubling trend of the Supreme Court grabbing more and more power that traditionally belongs to the legislative and executive branches. By making sweeping rulings that change how laws are interpreted and applied, the Supreme Court is effectively acting as the legislature and executive branch. This undermines the rule of law and the democratic process, concentrating power in the hands of unelected justices rather than elected representatives.
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The Presidency and the Legislative Process
In the aftermath of President Biden's recent debate performance, it becomes ever more critical to dissect the ways in which the presidency intersects with and influences the legislative process. While the presidency carries symbolic weight, its substantive impact on the legislative direction and priorities of Congress cannot be overstated. Here’s a breakdown of how the President impacts the legislative process:
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Setting the Legislative Agenda: The President’s State of the Union address and other public statements often outline the administration's priorities. This agenda-setting power influences what Congress focuses on throughout the year.
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Veto Power: The President can veto bills passed by Congress. While Congress can override a veto with a two-thirds majority in both the House and Senate, this power allows the President to block legislation they disagree with.
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Executive Orders: The President can issue executive orders to direct the operations of the federal government. While these orders can’t create new laws, they can have significant impacts on how existing laws are implemented and enforced.
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Bully Pulpit: The President has a unique platform to influence public opinion and, by extension, pressure Congress to act. By addressing the nation and framing issues in a particular way, the President can mobilize public support for or against legislative initiatives.
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Legislative Proposals: While only members of Congress can formally introduce bills, the President often proposes specific legislation. These proposals typically align with the administration's policy goals and can shape the legislative debate.
However, a weak debate performance or faltering public support can embolden the opposing party, and more moderate factions within the President’s party, making it harder to pass critical legislation. When the President's approval ratings are low, their ability to influence Congress diminishes significantly. Lawmakers, especially those facing tough re-election races, become hesitant to align themselves with an unpopular President, fearing backlash from their constituents. This lack of support can stall the President's agenda and make it easier for the opposition to block or undermine proposed policies. In such a scenario, even moderate and previously supportive legislators may distance themselves, leading to legislative gridlock. This is why it’s essential for us to remain engaged and proactive. We must hold our representatives accountable and ensure they are working for our interests, regardless of the political dynamics at play.
Calls to Action This Week
So what to do? We can start by fighting back against Supreme Court overreach. And we can also continue our calls to stand up for our values, not those of lobbyists and special interests. Even with Congress not in session, there are still staffers working in all of our officials’ offices, ready to take your calls and emails. Here’s what you can do this week:
Call for Officials to Make Chevron Deference the Law: Tell your House representative to sign on to the Stop Corporate Capture Act, which would require courts to defer to agencies that Congress empowered to protect the public and help keep special interests out of lawmaking. You can also call your senators and tell them to propose a companion bill. Congress is the branch of government that’s supposed to be most responsive to the people, and let’s call on our elected officials to stand up for our rights.
Call for Officials to Boycott Netanyahu's Address to Congress: We must take a firm stand against actions that undermine our values and international standing. Prime Minister Netanyahu’s planned address to Congress on July 24th is a direct affront to the principles of peace and justice. He’s responsible for the ongoing genocide in Gaza, and the perpetuation of apartheid and occupation.
Call your Representatives and Senators, and ask them to boycott Netanyahu’s address.
How can you contact your Representatives?
For Residents of CA-34: Please call Congressman Jimmy Gomez's office:
Additionally, call our California Senators and ask them to stand against this injustice:
Not in CA-34?: You can find and contact your Representative’s and/or Senator’s information HERE.
Thank you for your continued support and commitment to our community. Together, we can make the change we need and advocate for a future rooted in justice and peace.
It’s time for us.
David Kim
