DefenderOfBasic / works-in-progress

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Is the chevron thing good or bad? what does it mean? #14

Open DefenderOfBasic opened 3 months ago

DefenderOfBasic commented 3 months ago

Inspired by Hank's video "I have biden / weed questions", where he takes a tweet he found and spends 10-15 minutes googling, reading, skimming, to make up his mind on whether it is truthful or not: https://nerdfighteria.info/v/gMwgXjYuYeY/

he pulls up a spreadsheet and starts charting out the various claims and updating his beliefs as he reads on:

I want to do a similar thing, showing my epistemic process, how I go about reading and deciding on the truth.

index of evidence #### pro this new change - "People don’t understand how important it is that Chevron deference is dead" (OHSA unilaterally mandated COVID measures) - https://x.com/gregg_re/status/1806786881180328427 - balaj on why it's a good thing (less regulation, more startups) - https://x.com/balajis/status/1806773841395675218 #### against this new change - "We Just Witnessed the Biggest Supreme Court Power Grab Since 1803" - https://www.thenation.com/article/society/chevron-deference-supreme-court-power-grab/ - Tweet from author of above article - https://x.com/ElieNYC/status/1806804730670379471 - "Chevron now overruled" laurence tribe - https://x.com/tribelaw/status/1806695367590752295
DefenderOfBasic commented 3 months ago

1

the first thing I saw was Balaj praising the chevron decision

Technology is about to accelerate. Because Chevron deference is over. And regulators can't just make up laws anymore. So, countless new startups just became feasible.

this sounds like a good thing! I think Balaj represents the opinion of a lot of people who are [ big tech / free market / corporate / founders / VC's etc ]. So this tells me this is probably something that benefits at least that group.

Current understanding

⚖️ Chevron decision meant agencies like EPA can make their own laws (fast) without having to wait for congress to pass a law (slow). This change means congress now has to pass laws to regulate stuff ✅ it's a good thing because it means less regulation, more companies can do stuff


2

then a friend said, oh, I heard this was a bad thing! the supreme court now has way more power than before. From "We Just Witnessed the Biggest Supreme Court Power Grab Since 1803"

this article has very strong language, so that tells us that it has a political stance/bias. it is NOT just trying to inform us of what the decisions, it is trying to tell us, this is a very very bad thing:

But repudiating democracy to expand its own power is exactly what the Supreme Court did today in its ruling

ok, I honestly don't know what to think here. The text of the article is a bit dense for me. Now, i COULD go off and seek primary sources here and try to piece together exactly what the chevron doctrine means, its history, what effects it has had.

But this is TOO big of a task. I know I can do this, generally, but I can't do it right now.

so, I go off and check the comments. Sadly, there is on comments on this article. So I try to see if people are discussing this elsewhere. I find the author's twitter and look for a post.

Current understanding

⚖️ congress now has to make all laws, EPA etc cannot ✅ good for business because less regulation ❌ bad for democracy, because supreme court has more power now?


3

here's the tweet of the author sharing his article: https://x.com/ElieNYC/status/1806804730670379471

first comment I see:

Returning legislative responsibility to the Congress is not a power grab

ok, so this validates my understanding that, it's about moving the laws back to congress. This person either (1) doesn't understand how it's a power grab, like me. OR (2) they do understand and they are saying, it is NOT a power grab.

I then see this rebuttal:

What happens when a situation changes years ahead. Normally you alter the reg detail, not the entire law.

ok so that makes sense. This is one way in which this change is bad (we'll be slower at passing laws to regulate something new that is bad).

see then I get a comment like this, which is INCREDIBLY frustrating. They're going "haha look at you, you don't understand!" why can't they just explain it?? I think it is genuinely obvious to them, but not to the reader (me), why this is indeed a bad thing:

here's another one validating that it's bad because laws will be slower to pass:

It will only take decades for simple regulations to get passed. What a win for consumers.

Current understanding

⚖️ congress now has to make all laws, EPA etc cannot ✅ good for business because less regulation ❌ bad because laws will be slower to pass, so if there are bad things we want to regulate it may be harder ❌ ~bad for democracy, because supreme court has more power now?~

DefenderOfBasic commented 3 months ago

4

here are two very strong and conflicting opinions. I am paying more attention to this rebuttal because Russ says "you are a smart man". This signals that, Russ generally admires and agrees with Laurence, but thinks this specific argument is incorrect.

https://x.com/tribelaw/status/1806695367590752295

this seems like the same argument we've already seen (this is good, validating). They are saying:

I think George's point here makes sense:

Because I am a scientist. The reversal of Chevron seems on its face to mean that existing limits for pollutants established by EPA are no longer legal until/unless made into law directly by Congress. This means we are back to an era in which anything goes for pollution.

https://x.com/MrGeorgeJaxson/status/1806721235675394360

current understanding

✅ this change is good because politicians making laws are more accountable to voters ❌ this change is bad because practically, it will mean less regulation, so more harmful things to consumer may slip by ❓ the real disagreement is on whether gov agents make good or bad laws outside of congress? do we want faster, decentralized regulations, or centralized in congress with more discussion and process?