Check out my digital garden: The Missing Premise.

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Joined 1 year ago
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Cake day: June 30th, 2023

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  • From Kagan’s dissenting opinion:

    In recent years, this Court has too often taken for itself decision-making authority Congress assigned to agencies. The Court has substituted its own judgment on workplace health for that of the Occupational Safety and Health Administration; its own judgment on climate change for that of the Environmental Protection Agency; and its own judgment on student loans for that of the Department of Education. See, e.g., National Federation of Independent Business v. OSHA, 595 U. S. 109 (2022); West Virginia v. EPA, 597 U. S. 697 (2022); Biden v. Nebraska, 600 U. S. 477 (2023). But evidently that was, for this Court, all too piecemeal. In one fell swoop, the majority today gives itself exclusive power over every open issue—no matter how expertise-driven or policy-laden—involving the meaning of regulatory law. As if it did not have enough on its plate, the majority turns itself into the country’s administrative czar. It defends that move as one (suddenly) required by the (nearly 80-year-old) Administrative Procedure Act. But the Act makes no such demand. Today’s decision is not one Congress directed. It is entirely the majority’s choice.

    […]

    The majority disdains restraint, and grasps for power.

    What do you need Project 2025 for when you have the unaccountable conservative majority on the Supreme Court?


















  • It’s insane how we’ve relied far too long on a sort of gentleman’s agreement around presidents and congress and all. I don’t think the founding fathers could have EVER anticipated the amount of corruption that could occur.

    They did. The entire point of the structure of Congress was to ensure that the passions of the people were tempered and “cooled” through the political process. Between competition between the three branches and the structure of government, they did their best to ensure this wouldn’t happen.

    What they didn’t anticipate was that competition would give way to collaboration among so many competing elements. From state legislatures to the federal House and Senate, across to the Supreme Court (intended to be insulated from political generally to focus on the well-being of the nation), and across again to the president. Those stars shouldn’t align all that often. But anti-American authoritarians, the underhanded bastards they are, have made it so that those stars align more often than not for their political goals.

    So, that’s the problem. What do you do when all the elements of the government are working together? Sure, Trump absolutely abused his position, but so what? We’re barely holding any of these anti-Constitutional people responsible for the damage they’ve done to the political process and democracy in general.