October 10, 2020

THE SECOND BEST THING SHE CAN DO ON THE COURT:

A Barrett Court could carry on Trump's deregulatory agenda long after he's left the White House, experts say (Chris Matthews, 10/10/20, Market Watch)

Judge Amy Coney Barrett's nomination to the Supreme Court has brought the public's attention to divisive social issues like abortion rights, but replacing the late Justice Ginsburg with a more conservative figure could have an equally important effect on business regulation and the U.S. economy. [...]

Of central importance to this debate is the doctrine of Chevron deference, which the Supreme Court established in 1984, and which requires judges to defer to agency interpretation of statutes as long as that interpretation is reasonable. Conservatives have long railed against this principle as one that has led to the growth of the administrative state.

"[Chevron deference] has become a direct threat to the rule of law and the moral underpinnings of America's constitutional order," wrote Sen. Mike Lee of Utah, a Republican, in a 2016 policy brief. "For three decades, Chevron deference has helped to midwife a kind of shadow government operating within the federal Executive. This Fourth Branch of government imposes and enforces the vast majority of new federal laws without being subject to public consent or checks and balances."

After returning social issues not recognized in the Constitution to the states, forcing administrative laws to be at least approved by the Legislative branch (if not also written) is the next best thing a conservative court can achieve. 

Of course, corporations have no constitutional rights so the idea of expanding them is exactly the sort of judicial activism that is anti-conservative, but legislatures write corporation law and they can just do things like barring political contributions on condition of losing liability protections. 

Posted by at October 10, 2020 11:19 AM

  

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