For thirty years, federal law has required commercial fishing boats to include a trained observer to ensure the vessel does not engage in overfishing or other prohibited practices. The law specifies that certain classes of boats pay the costs of their own monitors. But, it is silent on herring boats. For many years, the National Oceanic and Atmospheric Administration (NOAA) picked up the cost of the monitors for herring boats.
Why is anyone surprised what the right wing scotus are doing? They all lied at their confirmation hearings and now have a lifetime appointment to fuck up this country.
This ruling is also going to massively worsen Federal Circuit caseloads, as a gazillion corporate plaintiffs emerge to relitigate decided cases in their favor. POTUS just gave the Judiciary a huge power increase at the expense of the Executive Branch; but guarantees clogging up the courts even more.
The under-reported element is that there’s no indication that the capacity of the courts to handle these cases will be expanded. Agencies won’t be able to take enforcement action until each case is adjudicated, allowing violations to continue probably for decades. Effectively there will be no enforcement. The saying “justice delayed is justice denied” was never more true.
Perhaps, but I think it will tend to cut the other way. Plaintiffs generally can get a court to enjoin/stay enforcement fairly rapidly by showing they’ll be harmed. Then having clogged courts delaying final resolution works in their favor. That being said, the courts can also tip in favor of the enforcement side. We’ve certainly seen judicial express lanes cleared for favored parties. Mainly depends upon the individual circumstances & where the money & power is.
I don’t know how many people who were watching the Court were surprised. It was a matter of waiting for the other shoe to drop: how far they would go. I think a lot of the public was surprised. After all court cases are not entertaining and herring boat cases don’t seem relevant to most. That also means with all the noise and political drama we’re exposed to on a daily basis there is a lot of serious stuff that doesn’t break through.
In less than an hour SCOTUS will finish puking out their rulings for this term. Presidential immunity is likely the most consequential.
They have already fucked it up and it is early days. They have turned us into an autocracy just like that, ruled by a bunch of criminals masquerading as justices.
In a just world every Republican justice in the last 50 years would have been impeached and removed, then prosecuted for perjury. They all lie in their confirmation hearings, every single one of them. And worst of all, Republican senators know they are being lied to, but don't care. Why? Because as is becoming obvious even to the corporate media, by weaponizing the courts in service to the billionaires and the corporations, Republicans can achieve every ideological and political goal they have ever wanted, but could never get legislatively because it would cost them their seats. Now they can rely on unelected judges with lifetime appointments to give them everything on a silver platter.
Instead they’ve provided a roadmap for public servants to accept bribes by delaying payment until after actions are taken. Then they become ‘gratuities’ and legal according to Kavanaugh and the majority. Now Thomas, Alito etc. are off the hook.
I am so pissed at the buffoons that comprise the "conservative arm" of the scrotus. Expertise from experts is no longer relevent and a judge can now decide?
You know Gorsuch confused nitrous oxide with nitrogen oxide? This is why expertise matters. Or at least, it used to matter.
It is fast becoming obvious that resistance to the Supreme Court’s increasingly ridiculous decisions will soon be imperative. Until Congress grants them a national police force, it needs to be “Let them enforce it.” The right took this power illegitimately, and it’s time the rest of the country stopped acting like this court is legitimate simply because of tradition. The right believes anything it can do is fair and just, because if it wasn’t, you would have been able to stop them — so it’s time to stop them.
So, we are really going to stand by and let these corrupt, unelected 'justices' destroy not only our government but our faith in government, allow instituting a Taliban-like theocracy, and take rights away from Americans?! The term PITCHFORKS keeps rolling around in my head...
What are our options? Most Americans don’t pay attention to anything unless it’s in their social media OR they don’t pay attention to anything at all. It’s going to have to get really bad before anyone notices.
I feel like this can't be talked about enough in the context of the presidential election. At a time when confidence in the presumptive Democratic Party candidate is dangerously low, grounding support in attention to what's at stake seems critical.
These justices lied under oath during their confirmation hearings, and are now rewriting the rules of law to empower themselves. Thanks to Trump and everyone who supported him.
This power move to rule in the favor of "corporate morality" [we know that there is no such thing!] should come as no surprise to any of us. We have learned to doubt all of the Senate hearing testimony by all who were chosen via Leonard Leo's Federalist Society.
Republicans used to rail against activist judges. The current SCOTUS throws out precedent whenever it suits their ideology. The hypocrisy and corruption are astounding. And I’m angry that Democrats let this happen and that they seem powerless to do anything about it or won’t do anything about it.
Liars, hypocrites, shameless political operatives. We need a working majority in Congress to reverse these court assaults.
Ideally, roll back court power grabs all the way including Marbury vs Madison. Move the whole lot of them aside by creating a new Federal Review Court with all the guardrails and give it jurisdiction on all review of lower court decisions and executive actions. Leave the Supreme Court with only cases of original jurisdiction as described in the Constitution. For good measure, set both courts at 13 judges and make sure the new ones are committed to the new structure.
The former President is a known liar. Now we have proof that three justices lied before Congressional review. It is unimaginable to me that this is happening in our country. We are obligated to work against liars.
I fully agree that this is a lousy decision. There might be a silver lining in that it challenges Congress to take back power and legislate better. We the voters are also challenged to elect better people to act in our name.
With this Chevron issue (and others), SCOTUS has a problem with Congress over-delegating authority to agencies. It’s reasonable that there’s a limit even though we can argue about where that limit is. At the same time, the agency expertise factor is also valid. The solution lies in congressional ratification of regulations. Congress passes the law outlining what it wants done & tasks the agency to fill in the details. Then Congress checks their work and OKs the regulations, making them part of the law. Regulations should be re-ratified on some regular schedule.
Additionally, Congress should pass a SCOTUS oversight bill that provides a window for Congress to act when SCOTUS identifies legal flaws in regulations. Essentially a SCOTUS strike down would be stayed for a limited time so Congress can address the issue.
I agree that Congress needs to get its act together. My fear is that no matter what Congress does a court like this can strike it down or at a minimum undermine it.
I get your point. However, Constitutionally, Congress has the largest chunk of power. They do have the power to rein in SCOTUS and the “unitary Presidency” BS. Granted that they haven’t demonstrated much will to use that power effectively for many years. Us voters need to do our part in electing & backing those representatives that will act to rebalance power between the three branches.
I agree. But keep in mind that, as the Founders intended, Congress has a “nuclear option” - the power to impeach SCOTUS justices. There would need to be very substantial public support before they would use it, but SCOTUS is not immune to congressional will.
First of all, I doubt a majority in the House would go along with crossing this SCOTUS. This is MAGA Mike’s ideal Court. Congress, like SCOTUS, has no one to enforce their laws or decisions if the courts do not. So like you say, voters need to elect those who will rebalance our government.
SCOTUS has given itself a lot of power and insists it does not answer to Congress or congressional oversight and Congress has no authority over it. I’m at the point where an expanded court looks like a viable idea if well planned. It is one of the powers Congress has according to the Constitution.
I know it could become ‘tit for tat’. But if American voters decide they don’t want more rights erased, new ‘legal doctrines’ and more corruption from their SCOTUS, it could become the new ‘normal.’ After all there were changes to SCOTUS until the last one in 1869.
It's as if, when trump was elected as President, we'd become infected with republican ideological ( lying) vermin, in so many places of importance, within our govering bodies; and in particular our Supreme Court. If only we had an anti- vermin spray, we could use to rid ourselves of these folks, who've followed trump's approach to, well anything, to a "T."
Deflect, lie, repeat, deflect, lie, repeat. Someone should take a hard look at some of our Supreme Court Justices income tax filings in January next year. Could be interesting. Of course that won't happen, if trump's elected. And if there aren't strong enough ethics rules with serious consequences, for those violating them; the Thomas' & Alito's will continue to slide under the wire of any regulatory oversight. The rest of them, republicans in particular (because keeping ones hands out of the proverbial cookie jar & a sense of self entitlement seems to be more a moral failing
of that group), will likely follow.
Call me a cynic, but overall that group appears to view being elected for legislative office, or selected to sit on our Supreme Court, as a "wink & a nod" towards a money or a " favors" grab. How sad we've come to this viewpoint; that it is no longer considered an honor to represent America's citizens or help establish her laws, with a view towards the importance of fairness. "Lady Justice" turned her head & wept.
Why is anyone surprised what the right wing scotus are doing? They all lied at their confirmation hearings and now have a lifetime appointment to fuck up this country.
Fox watching the hen house.
This ruling is also going to massively worsen Federal Circuit caseloads, as a gazillion corporate plaintiffs emerge to relitigate decided cases in their favor. POTUS just gave the Judiciary a huge power increase at the expense of the Executive Branch; but guarantees clogging up the courts even more.
The under-reported element is that there’s no indication that the capacity of the courts to handle these cases will be expanded. Agencies won’t be able to take enforcement action until each case is adjudicated, allowing violations to continue probably for decades. Effectively there will be no enforcement. The saying “justice delayed is justice denied” was never more true.
Capacity will be expanded. Roberts will hire every lobbyist from ALEC. It's industry's wet dream.
Perhaps, but I think it will tend to cut the other way. Plaintiffs generally can get a court to enjoin/stay enforcement fairly rapidly by showing they’ll be harmed. Then having clogged courts delaying final resolution works in their favor. That being said, the courts can also tip in favor of the enforcement side. We’ve certainly seen judicial express lanes cleared for favored parties. Mainly depends upon the individual circumstances & where the money & power is.
I don’t know how many people who were watching the Court were surprised. It was a matter of waiting for the other shoe to drop: how far they would go. I think a lot of the public was surprised. After all court cases are not entertaining and herring boat cases don’t seem relevant to most. That also means with all the noise and political drama we’re exposed to on a daily basis there is a lot of serious stuff that doesn’t break through.
In less than an hour SCOTUS will finish puking out their rulings for this term. Presidential immunity is likely the most consequential.
Hickory dickory dock.
The mouse ran up the clock.
The clock struck ten,
The mouse ran down,
Hickory dickory dock.
They have already fucked it up and it is early days. They have turned us into an autocracy just like that, ruled by a bunch of criminals masquerading as justices.
In a just world every Republican justice in the last 50 years would have been impeached and removed, then prosecuted for perjury. They all lie in their confirmation hearings, every single one of them. And worst of all, Republican senators know they are being lied to, but don't care. Why? Because as is becoming obvious even to the corporate media, by weaponizing the courts in service to the billionaires and the corporations, Republicans can achieve every ideological and political goal they have ever wanted, but could never get legislatively because it would cost them their seats. Now they can rely on unelected judges with lifetime appointments to give them everything on a silver platter.
Instead they’ve provided a roadmap for public servants to accept bribes by delaying payment until after actions are taken. Then they become ‘gratuities’ and legal according to Kavanaugh and the majority. Now Thomas, Alito etc. are off the hook.
Yup.
Between this and Roe, I hope the "I just can't vote for Hillary" crowd is really proud of themselves.
I am so pissed at the buffoons that comprise the "conservative arm" of the scrotus. Expertise from experts is no longer relevent and a judge can now decide?
You know Gorsuch confused nitrous oxide with nitrogen oxide? This is why expertise matters. Or at least, it used to matter.
YIKES! That’s worse than Alito rewriting history to support destroying Roe.
It is fast becoming obvious that resistance to the Supreme Court’s increasingly ridiculous decisions will soon be imperative. Until Congress grants them a national police force, it needs to be “Let them enforce it.” The right took this power illegitimately, and it’s time the rest of the country stopped acting like this court is legitimate simply because of tradition. The right believes anything it can do is fair and just, because if it wasn’t, you would have been able to stop them — so it’s time to stop them.
Yes, yes, and YES!
So, we are really going to stand by and let these corrupt, unelected 'justices' destroy not only our government but our faith in government, allow instituting a Taliban-like theocracy, and take rights away from Americans?! The term PITCHFORKS keeps rolling around in my head...
What are our options? Most Americans don’t pay attention to anything unless it’s in their social media OR they don’t pay attention to anything at all. It’s going to have to get really bad before anyone notices.
Our options are to keep complaining without expecting any positive results. Keep doing what you are doing, Judd.
It's gotten really bad. People are noticing. Some people don't know what to do.
I feel like this can't be talked about enough in the context of the presidential election. At a time when confidence in the presumptive Democratic Party candidate is dangerously low, grounding support in attention to what's at stake seems critical.
Such good reporting, Judd. Thank you.
Maybe someone should should make TikTok video about it and make it appear in front of more eyeballs. Stewing over this in private is not productive.
These justices lied under oath during their confirmation hearings, and are now rewriting the rules of law to empower themselves. Thanks to Trump and everyone who supported him.
This power move to rule in the favor of "corporate morality" [we know that there is no such thing!] should come as no surprise to any of us. We have learned to doubt all of the Senate hearing testimony by all who were chosen via Leonard Leo's Federalist Society.
So much fun to be significantly less safe and for women, significantly less free than we were a couple years ago.
Can't wait until someone brings child labor laws to this court. I'm sure that will go well.
Yes, because Project 2025 is all about the family. Such hypocrisy.
I expect the Fair Labor Standards Act will be dismantled.
Republicans used to rail against activist judges. The current SCOTUS throws out precedent whenever it suits their ideology. The hypocrisy and corruption are astounding. And I’m angry that Democrats let this happen and that they seem powerless to do anything about it or won’t do anything about it.
Once again—it was all projection…
Liars, hypocrites, shameless political operatives. We need a working majority in Congress to reverse these court assaults.
Ideally, roll back court power grabs all the way including Marbury vs Madison. Move the whole lot of them aside by creating a new Federal Review Court with all the guardrails and give it jurisdiction on all review of lower court decisions and executive actions. Leave the Supreme Court with only cases of original jurisdiction as described in the Constitution. For good measure, set both courts at 13 judges and make sure the new ones are committed to the new structure.
In general, I favor an even number of judges. Needing a two vote majority encourages a bit more consensus building.
The former President is a known liar. Now we have proof that three justices lied before Congressional review. It is unimaginable to me that this is happening in our country. We are obligated to work against liars.
I fully agree that this is a lousy decision. There might be a silver lining in that it challenges Congress to take back power and legislate better. We the voters are also challenged to elect better people to act in our name.
With this Chevron issue (and others), SCOTUS has a problem with Congress over-delegating authority to agencies. It’s reasonable that there’s a limit even though we can argue about where that limit is. At the same time, the agency expertise factor is also valid. The solution lies in congressional ratification of regulations. Congress passes the law outlining what it wants done & tasks the agency to fill in the details. Then Congress checks their work and OKs the regulations, making them part of the law. Regulations should be re-ratified on some regular schedule.
Additionally, Congress should pass a SCOTUS oversight bill that provides a window for Congress to act when SCOTUS identifies legal flaws in regulations. Essentially a SCOTUS strike down would be stayed for a limited time so Congress can address the issue.
I agree that Congress needs to get its act together. My fear is that no matter what Congress does a court like this can strike it down or at a minimum undermine it.
I get your point. However, Constitutionally, Congress has the largest chunk of power. They do have the power to rein in SCOTUS and the “unitary Presidency” BS. Granted that they haven’t demonstrated much will to use that power effectively for many years. Us voters need to do our part in electing & backing those representatives that will act to rebalance power between the three branches.
I agree. But keep in mind that, as the Founders intended, Congress has a “nuclear option” - the power to impeach SCOTUS justices. There would need to be very substantial public support before they would use it, but SCOTUS is not immune to congressional will.
First of all, I doubt a majority in the House would go along with crossing this SCOTUS. This is MAGA Mike’s ideal Court. Congress, like SCOTUS, has no one to enforce their laws or decisions if the courts do not. So like you say, voters need to elect those who will rebalance our government.
SCOTUS has given itself a lot of power and insists it does not answer to Congress or congressional oversight and Congress has no authority over it. I’m at the point where an expanded court looks like a viable idea if well planned. It is one of the powers Congress has according to the Constitution.
I know it could become ‘tit for tat’. But if American voters decide they don’t want more rights erased, new ‘legal doctrines’ and more corruption from their SCOTUS, it could become the new ‘normal.’ After all there were changes to SCOTUS until the last one in 1869.
It's as if, when trump was elected as President, we'd become infected with republican ideological ( lying) vermin, in so many places of importance, within our govering bodies; and in particular our Supreme Court. If only we had an anti- vermin spray, we could use to rid ourselves of these folks, who've followed trump's approach to, well anything, to a "T."
Deflect, lie, repeat, deflect, lie, repeat. Someone should take a hard look at some of our Supreme Court Justices income tax filings in January next year. Could be interesting. Of course that won't happen, if trump's elected. And if there aren't strong enough ethics rules with serious consequences, for those violating them; the Thomas' & Alito's will continue to slide under the wire of any regulatory oversight. The rest of them, republicans in particular (because keeping ones hands out of the proverbial cookie jar & a sense of self entitlement seems to be more a moral failing
of that group), will likely follow.
Call me a cynic, but overall that group appears to view being elected for legislative office, or selected to sit on our Supreme Court, as a "wink & a nod" towards a money or a " favors" grab. How sad we've come to this viewpoint; that it is no longer considered an honor to represent America's citizens or help establish her laws, with a view towards the importance of fairness. "Lady Justice" turned her head & wept.