SCOTUS Watch--Chevron Deference Doctrine overturned; Administrative State takes a HUGE hit.

[Chop]

For as much "sex appeal" as the abortion-related cases had for the media, this Purdue Pharma case is the SCOTUS case most likely to have big effects on the business and legal world.

 

[Garmel]

9-0 Vote = Unanimous, with Thomas writing a concurring opinion.

Food and Drug Administration v. Alliance for Hippocratic Medicine - SCOTUSblog

Food and Drug Administration v. Alliance for Hippocratic Medicine
FacebookLinkedInTwitterEmailPrintFriendlyShare
Consolidated with:

• Danco Laboratories, L.L.C. v. Alliance for Hippocratic Medicine

Docket No. Op. Below Argument Opinion Vote Author Term
23-235 5th Cir. Mar 26, 2024
Jun 13, 2024 9-0 Kavanaugh OT 2023

Holding: Plaintiffs lack Article III standing to challenge the Food and Drug Administration’s regulatory actions regarding mifepristone.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kavanaugh on June 13, 2024. Justice Thomas filed a concurring opinion.

Okay, I thought you were talking about the speech case.

I didn't know what case you were talking about.

 

[guy4321]

Justice Jackson makes Sotomayor look downright brilliant.

And Sotomayor is the one libs wanted to retire before Biden loses?!

 

[Garmel]

This is huge.

 

[mchammer]

Sanity returns.

 

[mchammer]

By the way, chevron was overruled because the feds abused the privilege.

 

[Mr. Deez]

Chevron deference was a gross abuse of the separation of powers. Very good news that it's gone.

 

[Garmel]

This ruling should neuter a lot of what conservatives call the "deep state".

This is a great day for freedom.

 

[Monahorns]

What a mixed bag comes from the SCOTUS these days. They strike down abortion. Then they rule it is okay for the federal government to pressure/censor social media. Then they limit the federal bureaucracy's power. They are batting .667 at least.

 

[mchammer]

 

[mchammer]

Chevron deference was a gross abuse of the separation of powers. Very good news that it's gone.

 

[Chop]

This is huge.

This is enormous!

The creeping (non-Constitutional) administrative state has taken over so many aspects of government. No more deference to those unelected petty tyrants.

 

[Chop]

Tribe--what a blowhard jackwagon.

That's right--your sympathy should go to those whose dreams and businesses were ruined by petty government tyrants in the administrative state. Government "workers" who don't actually do much work by the way.

 

[Chop]

This ruling should neuter a lot of what conservatives call the "deep state".

This is a great day for freedom.

This is gigantic!

First Purdue Pharma (closing the un-agreed-to release of non-debtors trick via a Chapter 11 plan), and now Loper Bright Enter. (overruling the Chevron doctrine).

Dismantle the administrative state!

 

[mchammer]

 

[Garmel]

Not SCOTUS but Texas Supreme Court had a good day as well.

 

[mchammer]

 

[mchammer]

 

[Monahorns]

Not SCOTUS but Texas Supreme Court had a good day as well.

Amen

 

[Monahorns]

This is another great decision. Need to start mass deporting illegals stat, so that when communists bring their opposition to the court, they can slap them down to curb.

 

[Chop]

Not SCOTUS but Texas Supreme Court had a good day as well.

How about carving out an exception allowing for the castration of a male youth who rapes a child.

 

[Chop]

The Courts are on fire lately.

Earl Warren is rolling over-and-over in his grave.

And there is much consternation in the faculty lounges of the Ivy League law schools (with exception of the two profs at each school who teach securities regulation and "Law in Economics"--they're discreetly popping open bottles of champagne at a fine dining establishment off-campus with their wives--natural born women wives).

 

[Chop]

 

[Chop]

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. U.S. Const. art. I, §§ 1, 8.

 

[Chop]

For another perspective, here's a fluff piece that largely extols the virtues and history of the administrative state:

Milestones in the Evolution of the Administrative State

 

[nashhorn]

Chop that penalty should be for all males guilty of said crime, not just male youth.

 

[Chop]

Chop that penalty should be for all males guilty of said crime, not just male youth.

Sure, but the ban was on sex change surgeries for minors.

 

[nashhorn]

Gotcha, I over played the hand. But I still believe it.

 

[theiioftx]

As a proud non-attorney, I appreciate reading the posts from the HF legal team.

 

[Mr. Deez]

Then they rule it is okay for the federal government to pressure/censor social media.

They didn't reach the merits in that case. They dismissed it for lack of standing. I think they were right to dismiss the state defendants. Their standing argument was weak. The individuals were a mixed bag, but at least one of them (Jill Hines) had standing, and it only takes one to reach the merits. I'm really disappointed in Kavanaugh and Barrett. I'm even a little surprised at Roberts, who to his credit, did have the balls to do the right thing on the Chevron deference case, which in a lot of ways was a politically tougher case.

There is some silver lining. A significant reason for the dismissal was that they were seeking injunctive relief, which has some twists and turns in it's standing requirements. If someone brings a case for compensatory relief, it wouldn't shock me if Barrett and Kavanaugh (and maybe Roberts, who wouldn't be essential) flip. Obviously we know the leftist wing will rule with the government. I can't call them "liberal" on this case, because their position on this is wildly authoritarian and illiberal.