They win we lose


Four days after the Supreme Court ruled in the case of Loper Bright Enterprises vs. Raimondo, overturning the 40-year-old precedent known as the Chevron deference, the justices announced they would be sending nine cases back to lower courts in light of their ruling.

This batch of cases may be the first indication of the legal upheaval that could play out across the United States judiciary now that one of the most widely cited Supreme Court opinions has been reversed.

By reversing its 1984 ruling in the case of Chevron v. Natural Resources Defense Council — which let judges defer to federal agencies’ interpretation of statutes when language was unclear — the court slashed the authority of regulators and empowered the judiciary.

Slashing the authority of regulators of course is the dream of corporations and their fan base. Fuck worker safety and consumer safety and planetary safety, fuck everything except profit.

In two of the cases remanded to lower courts in light of the Loper decision, the plaintiffs share the same lawyer: the Pacific Legal Foundation, or PLF. 

According to its website, the PLF — which called for an end to the Chevron deference in an amicus brief it filed in the Loper case — represents at least five different plaintiffs whose cases stand to benefit from Chevron’s reversal. 

The public interest law firm is one of several conservative, anti-regulation groups that have been preparing for the Supreme Court’s reversal of Chevron, according to Accountable.US, a nonpartisan research organization focused on special interests.

A new report from the group identifies four organizations, including the PLF, planning legal challenges and lobbying efforts now that the precedent has been overturned. The others are the Balancing Act Project, which says on its website that it will work to define “a new regulatory environment” in the post-Chevron world; the Competitive Enterprise Institute, an anti-regulation nonprofit challenging the Environmental Protection Agency’s authority; and Americans for Prosperity, the Charles Koch-backed network whose lawyers represented the plaintiffs in Loper.

Yes let’s just do away with all regulation and have nothing but Competitive Enterprise and Prosperity for the people at the very top.

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