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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsU.S. Supreme Court appears open to limiting federal agency power
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WASHINGTON, March 27 (Reuters) - Conservative U.S. Supreme Court justices on Wednesday expressed skepticism toward the wide latitude courts give federal agencies to interpret their own regulations in a case that could bolster the Trump administration's push toward curbing agency power.
The case, involving a Vietnam War veteran's fight with the Department of Veterans Affairs over retroactive disability benefits, focuses on whether the high court should overrule its own precedents dating back to 1945 that call for judges to defer to administrative agencies' views on what their own regulations mean.
Ridding judges of a duty to defer could undercut agencies' ability to issue certain informal policies and rules.
During an hour of arguments, the court's 5-4 conservative majority seemed more willing to limit such judicial deference - as suggested by U.S. Solicitor General Noel Francisco, the Trump administration's top Supreme Court lawyer - rather than eliminate it entirely.
Conservative Justice Brett Kavanaugh told Francisco that under the legal doctrine known as "Auer deference," judges must sometimes side with an agency even when they feel it has made the wrong call on a regulation.
"Doesn't that trouble you?" Kavanaugh asked.
Liberal justices said judicial deference is important because agencies often have technical expertise that judges do not possess.
https://www.msn.com/en-us/news/us/us-supreme-court-appears-open-to-limiting-federal-agency-power/ar-BBViEw9?li=BBnb7Kz&ocid=mailsignout
unblock
(52,316 posts)Overturning precedent (which is itself activist judging) in order to make it easier for activist judges to extend their ability to be activist judges.
FBaggins
(26,757 posts)Do we limit the power of the judiciary or limit the power of federal agencies... when we think that both are prone to "legislating" ???
athena
(4,187 posts)Theyve already filled the courts with their own people. The power of the judiciary is no longer a problem. They now only have to weaken the countrys institutions.
They were never about ideology. They were always about increasing their own power.
FBaggins
(26,757 posts)There's no question that Trump has been able to fill more seats in two years than any President (at least recently).... but he hasn't come close to ensuring a lasting conservative majority there.
The critical DC circuit for instance is 7-4 in our favor and the majority of the 11 other circuits still lean left.
If he gets two more years at that pace, things would be close to a balance, but the remaining Reagan/BushSr judges would go first. If he somehow gets six more years... THEN the courts will lean heavily away from us.
athena
(4,187 posts)On the radio this morning, I heard that the five Republicans on the USSC are expressing reluctance to do anything to curb gerrymandering. The commentator was saying that if they dont step in, and if Democrats dont manage to take over the state legislatures in 2020, we will be stuck with gerrymandering for at least another decade. Then, I saw this article about how the same five Republicans want to reduce the power of the federal agencies, thereby increasing the power of the presidency. Im not an expert on the judicial branch, but I find these two news items absolutely terrifying. If you can explain why this is not something to freak out about, I would be grateful.
Im also very worried that Trump will get another four years. For that not to happen, the liberal base has to avoid being manipulated by Russian trolls into fighting among ourselves. Given that Russian trolls have had a lot of experience by now, and seeing how much DUers like to attack each other, not to mention the medias delight in perpetuating Republican lies, I have little confidence that the Left will manage to unite this time.
FBaggins
(26,757 posts)The open question was whether there was a way to identify overly-partisan gerrymanders (so that the court could set a standard).
Those types of cases were rejected prior to Trump taking office anyway.
the same five Republicans want to reduce the power of the federal agencies, thereby increasing the power of the presidency.
Just the opposite actually. It would reduce the power of the Presidency, increase that of the judiciary, and return power to Congress (where it should have been anyway).
Perrenial Voter
(173 posts)precedent regardless of their own opinion. But that doesn't seem to matter much to "conservative" justices.
Amishman
(5,559 posts)I am hoping they will trim back on federal agencies rule making / interpreting power. IMO currently it undermines Congress and indirectly gives the executive branch too much power.