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Reply to "Bye-bye Chevron "
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[quote=Anonymous][quote=Anonymous][quote=Anonymous] A few thoughts: 1. Judges are unelected elites. And they hold their position for life. Truly, they are more akin to American Royalists. 2. Federal agencies are staffed by unelected individuals - that's true. But they are overseen by agency leaders that are appointed by the President. These leaders overturn when the voters elect a new President. The federal agencies are more responsive to electoral change than the Royal Unelected Judges. 3. Federal agencies are required to issue for notice and comment any regulations they issue. This is required by the Administrative Procedures Act. Agencies must publicly address comment suggestions from the public. Further, agencies change regulations all the time in response to public comment. This is direct democracy in action - the public comments and the executive branch agencies must respond. Federal judges do not have to consider any public comments at all. No need to respond or use for deliberation. In short, unelected judges who went to law school and have zero experience with myriad technical issues will be the apex policy deciders in areas where Congressional laws are ambiguous. This is profoundly dangerous. In addition, American citizens have lost a key ability to influence policy - (1) through election of the President and (2) the ability to comment on regulations issued by the Executive. A judge now has the ability to overrule all that on a whim, unless he is overruled by a court. And it costs money to appeal a court decision. Very bad day for the United States and its citizens. Power has been grabbed by a small clique of elite law school graduates from the American voter.[/quote] Not true in many levels: 1. Judges are unelected elites. And they hold their position for life. Truly, they are more akin to American Royalists. --> Depends on the judge. Many local general judges are elected. Circuit and higher are appointed by the executive and consented by the electorate body. Administrative judges can be elected, appointed, or hired depending on the agency/locality. [b][Local judges" who are elected are deciding on state-level issues. Chevron has nothing to do with that. Clearly we are talking about the federal judiciary usurping power for itself.[/b] 2. Federal agencies are staffed by unelected individuals - that's true. But they are overseen by agency leaders that are appointed by the President. These leaders overturn when the voters elect a new President. The federal agencies are more responsive to electoral change than the Royal Unelected Judges. --& Most are kept in place. Usually only the Secretaries are replaced. [b]What are you talking about? No, it's not true that "most are kept in place." Secretaries of the agency appointed by the President [u]must approve a change in regulation[/u] before it can be proposed or implemented. Agency staff cannot unilaterally put something in the Federal Register without the approval of the head of their afency. Further, the GOP is going to use "Acting" heads of agencies and not even bother with Senate confirmation in 2025.[/b] 3. Federal agencies are required to issue for notice and comment any regulations they issue. This is required by the Administrative Procedures Act. Agencies must publicly address comment suggestions from the public. Further, agencies change regulations all the time in response to public comment. This is direct democracy in action - the public comments and the executive branch agencies must respond. Federal judges do not have to consider any public comments at all. No need to respond or use for deliberation. --> The public comments are frequently ignored. Just look at the ATF regulations for examples. [b]The comments are not "ignored." They must be summarized and addressed by the agency. You may not like how the agency responded to your comment, but the agency considered it. The agency moves at the direction of the President and his appointed head of the agency.[/b] [/quote] Points addressed above. The PP leaves out a lot of nuance and plays off the public's ignorance as to how the federal government actually works. [/quote]
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