The downfall of Chevron deference could completely change the ways courts review net neutrality, according to Bloomberg Intelligence’s Matt Schettenhelm. “The FCC’s 2024 effort to reinstitute federal broadband regulation is the latest chapter in a long-running regulatory saga, yet we think the demise of deference will change its course in a fundamental way,” he wrote in a recent report. “This time, we don’t expect the FCC to prevail in court as it did in 2016.” Schettenhelm estimated an 80 percent chance of the FCC’s newest net neutrality order being blocked or overturned in the absence of Chevron deference.
Federal Trade Commission Chair Lina Khan has made no secret of her ambitions to use the agency’s authority to take bold action to restore competition to digital markets and protect consumers. But with Chevron being overturned amid a broader movement undermining agency authority without clear direction from Congress, Schettenhelm said, “it’s about the worst possible time for the FTC to be claiming novel rulemaking power to address unfair competition issues in a way that it never has before.”
Khan’s methods have drawn intense criticism from the business community, most recently with the agency’s labor-friendly rulemaking banning noncompete agreements in employment contracts. That action relies on the FTC’s interpretation of its authority to allow it to take action in this area — the kind of thing that brings up questions about agency deference.
I explained this in the first sentence of my comment.
Inorder as above:
NG, JR, RBG, SB, SS, & EK v SA, CT, & BK
NG, RBG, SB, SS, & EK v JR, SA, BK, & CT
NG, RBG, SB, SS, BK, & CT v SA, JR, & EK
That’d only be true if you consider Gorsuch, Roberts (for him fair), and Thomas as swing votes siding with the left.
Nor is that what i did. Or wait…are you arguing that they aren’t right wing…because then…wow, I’m not sure what to say.
The fact that it doesn’t always line up left right doesn’t change the fact that these did.
My contention was that they are all radicals. Not that the three are conservative leaning.
Unless you consider Gorsuch, Thomas, and Roberts left wing those three cases didn’t. Which I consider you don’t given this comment. 30% of the time opinions are 9-0. If you think most of the cases fit a partisan line go through the cases count how many follow partisan lines. They list them all here.
If you group the justices in two partisan groups Thomas and RBG & Roberts and Sotomayor certainly wouldn’t be on the same sides.
Court overturns roe v wade.
“Well, it’s kind of ridiculous to point out that the court has shifted to the right due to trump appointees because sometimes they all rule the same way.”
It’s the point i made, and one of the arguments you used.
It decidedly is not.
I didn’t contend that if you follow a linear political view they’d be on the right side. I argued with the notion that all of the 3 justices were far right.
Lol
So quibbling about how far right they actually are, rather than the actual point that the court is obviously much further right than it would have been had Clinton won.
I kind of feel justified in my “strawmen.”