Among the consequential decisions in #SCOTUS’ hands is a pair of cases involving fishermen. On the surface, the nearly identical cases are disputes about fishing #regulations. But they have potential to completely rejigger how #FederalAgencies mediate everything from #food & #agriculture to #taxes & #AirPollution—bc they question 1 of the #legal field’s most-cited #precedents… the “#ChevronDeference”
#law
https://www.motherjones.com/politics/2024/06/fish-toads-and-john-eastman-inside-the-conservative-project-to-undo-federal-environmental-laws/
Many #conservatives have sought to kill the #legal doctrine for over a decade. And within the chorus, one has sung w/notable passion: #JohnEastman.
The same John Eastman who, on #Jan6, 2021, stood at a podium in DC beside fellow #Trump lawyer #RudyGiuliani & bellowed to an angry crowd that then–VP #MikePence ought to halt the #PeacefulTransferOfPower.…t was also Eastman…who drafted the #CoupMemos, which incl a multistep plan for Pence to hand the #election to Trump….
#JohnEastman is believed to be an unindicted co-conspirator in #Trump’s fed #indictment; he is also facing #disbarment in Cali…
before…Trump, Eastman, 64, was the sort of #conservative #legal figure whose name one might forget, a #law prof w/a cushy job & a chairmanship at a practice group of the… #FederalistSociety.…His writings, speeches, & media appearances…reveal a man…constantly questioning #federal #authority & the administrative state.…he saw fed #EnvironmentalLaws especially problematic.
Applications of popular laws like the #CleanWater Act & #Endangered Species Act, he’s repeatedly argued, overstep the #Constitution & the *intentions* of the country’s framers, who would have largely left #environmental #regulation to the states. As #JohnEastman put it in a #SCOTUS amicus brief last July, unchecked #FederalAgencies pose a “threat” to the Constitution’s design of #SeparationOfPowers. In that brief, he urged the court to “end the #Chevron experiment.”
While #JohnEastman’s views on the #environment are #extreme,…they aren’t exactly rare. He epitomizes the type of #AntiRegulatory, #FederalistSociety bred #legal mind you can expect to see elevated by #Trump. “Eastman has been part of a project to take down #FederalRegulation for a long time,” Andy Mergen, a clinical prof of #EnvironmentalLaw at Harvard said, “which is coming to fruition w/these #ChevronDeference cases.” w/the most #conservative makeup in decades, #SCOTUS is poised to deliver.
@Nonilex I wouldn't say it's so much anti-regulation as much as pro-process.
After all, a regulation on sound legal footing--including Congressional authorization--is going to be more effective regulation in the end.
The arguments over things like Chevron deference aren't saying we shouldn't have regulation. They're saying we should do regulation correctly.
