From Public Citizen <[email protected]>
Subject another really bad Supreme Court ruling
Date July 9, 2024 8:21 PM
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Sadly, the Supreme Court’s preposterous ruling in Donald Trump’s immunity case
was not even the only misguided decision the court handed down at the end of its
2023/2024 term.

In another deeply troubling decision, the Supreme Court vastly expanded the
ability of Big Business to attack rules that keep our air and water clean,
safeguard workers and consumers, and protect the American people from corporate
greed and wrongdoing.

Here’s what you need to know:

* Legislation often — and unavoidably — contains some ambiguities. It just
isn’t realistic to expect Congress to write laws that clearly address every
detail and imagine every possibility both at the time they are written and
decades into the future.

* So we depend on the agencies that make up the executive branch — which employ
tens of thousands of experts in a vast array of subjects — to figure out the
best way to implement various laws and resolve any uncertainties based on
their knowledge and experience.

* In a 1984 case called Chevron v. NRDC , the Supreme Court recognized that judges should defer to federal agencies
about the meaning of a statute when the statute is ambiguous and Congress
delegated its implementation to a particular agency.

* That landmark principle — in place for a full 40 years — is referred to as “ Chevron deference” (as in deferring to the court’s decision in the 1984 case, not
deferring to the oil company).

* But the Supreme Court just overruled itself — and upended four decades of
established law — by ruling that judges should *not* defer to the knowledge
and experience of agency experts.

So now, when Big Business and other anti-regulation groups attack rules that
protect the public, judges will have a lot more latitude to rule based on their
own policy preferences.

As I said in a statement to the national media: “This decision is a gift to big
corporations.”

Is there something we can do about this?

Yes!

Congress can render this flawed Supreme Court ruling moot by enshrining into law
the principle that judges should defer to agency experts when it comes to the
nuts and bolts of implementing regulatory laws.
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Tell Congress: [[link removed]]

By overturning the legal doctrine known as Chevron deference, the Supreme Court
is making it easier for Big Business to attack commonsense safeguards that the
American people count on. We urge you to pass the Stop Corporate Capture Act
without delay to counteract this flawed Supreme Court ruling.
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Click to add your name now. [[link removed]]

Thanks for taking action.

For progress,

- Robert Weissman, President of Public Citizen


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