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Neil Gorsuch wants to get rid of the EPA Roland00 Send a noteboard - 24/09/2020 12:05:54 AM

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So the Dems add a few more Justices? Then the Republicans add a few more next time they are in power. When does it end? And to what purpose? The court is not a super legislature. You want to make law, there's a process for that. Do not rely on the court to do it for you.

That's not why they are there.

~Jeordam


I am referring to Chevron

https://www.vox.com/new-money/2017/2/2/14473728/neil-gorsuch-chevron-deference

Vox though did not mention how Neil Gorsuch's mom was the head of the EPA when Neil was a teenager.

https://www.washingtonpost.com/news/energy-environment/wp/2017/02/01/neil-gorsuchs-mother-once-ran-the-epa-it-was-a-disaster/

But yeah getting rid of Chevron would literally dismantle the ability of Congress to make laws, regulations, and then have the administrative state be able to actually apply the goals of congress in very narrow or broad ways. It would be a return to something similar to Lochner* but also very different.

(The Lochner Era is a time of several decades of the Supreme Court where the SC said you have the right to conscious and right to contract and thus things like minimum wage laws, working condition regulations, income tax, etc are unconstitutional for the court was making up their ideas whole cloth from an idea of reality we would call very Libertarian. This idea of reality was not tied to the actual text of the constitution or the consistency of ideas from 1790 or 1860 but instead said there was a deeper idea that was so deep it was never written down until the court breathed it into being for the court had to stand up and fight the evil legislature who wants to reign in your rights to be free.

And yes I may sound hyperbolic describing Lochner, but it was pure nonsense and thus I do not respect it and I have contempt to that time of our court. It was almost as bad as Dred Scott.)

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