The downfall of Chevron deference could completely change the ways courts review net neutrality, according to Bloomberg Intelligence’s Matt Schettenhelm. “The FCC’s 2024 effort to reinstitute federal broadband regulation is the latest chapter in a long-running regulatory saga, yet we think the demise of deference will change its course in a fundamental way,” he wrote in a recent report. “This time, we don’t expect the FCC to prevail in court as it did in 2016.” Schettenhelm estimated an 80 percent chance of the FCC’s newest net neutrality order being blocked or overturned in the absence of Chevron deference.

Federal Trade Commission Chair Lina Khan has made no secret of her ambitions to use the agency’s authority to take bold action to restore competition to digital markets and protect consumers. But with Chevron being overturned amid a broader movement undermining agency authority without clear direction from Congress, Schettenhelm said, “it’s about the worst possible time for the FTC to be claiming novel rulemaking power to address unfair competition issues in a way that it never has before.”

Khan’s methods have drawn intense criticism from the business community, most recently with the agency’s labor-friendly rulemaking banning noncompete agreements in employment contracts. That action relies on the FTC’s interpretation of its authority to allow it to take action in this area — the kind of thing that brings up questions about agency deference.

  • Amanda@aggregatet.org
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    3 months ago

    I’m not an American but my impression is the Supreme Court is mainly designed as a last bulwark to ensure the US never under any circumstances ever does anything remotely good and this isn’t exactly improving that impression.

    • TheGalacticVoid@lemm.ee
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      3 months ago

      It’s simply an institution meant to interpret laws and their legality. All of that goes out the window when the people in said institution are politically charged, corrupt, or make bad arguments.

      • Lucidlethargy@sh.itjust.works
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        3 months ago

        Corrupt doesn’t even begin to describe it these days. They ruled recently that they are legally allowed to accept bribes, so long as the bribe comes after the decision is made.

        The laws of the United States of America are literally for sale by conservative judges. This breach of justice is actively dismantling a cornerstone of our countries successful history.

        Oh, the irony, that the “conservative” party is the one radically destroying the highest court in America. Their supporters can wave all the flags they want this week, but what they represent is actively destroying this country.

        It’s FOR the people BY the people, not for the highest bidder. at least, that’s how it used to be before Trump’s presidency.

  • EatATaco@lemm.ee
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    3 months ago

    But both sides are the same.

    God damn it, i wish Clinton had won so bad. It would be the exact opposite and corporations wouldn’t be getting this free reign. Fuck.

    • pulaskiwasright@lemmy.ml
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      3 months ago

      I wish the democrats didn’t force her, the candidate that was predicted to be weakest against Trump and the only one likely to lose, through the primary with every trick they could. The democrats tried to skew and steer their own voters and we all lost because of it.

      • EatATaco@lemm.ee
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        3 months ago

        She demolished sanders in the primary. Get over it. The belief that she only won because of some dirty tricks or that sanders was screwed is just nonsense. I wish he had won, and i voted for him, but unfortunately reality tells a much different story. This belief he was screwed is no different than the belief that trump was screwed in 2020.

        • chuckleslord@lemmy.world
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          3 months ago

          Yeah, the early primaries really do benefit establishment democrats, and it seemingly painted a damning picture for Bernie. I think if we had synchronized primaries, this benefit would be much smaller and Bernie would’ve had a significant shot.

          • Copernican@lemmy.world
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            3 months ago

            Bernie was such a good surprise candidate, but that only happened because Warren didnt run. I wish she did. I think that was her time and would have avoided some of the criticisms (whether fair or unfairly thrown) at Bernie.

            • retrospectology@lemmy.world
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              3 months ago

              Warren backstabbed Sanders in 2016 and 2020 even after she lost, she fell in line with the establushment instead of fighting for what she claims to believe. She’s arguably worse than out and out conservative dems, she’s there to sabotage the left and siphon away votes.

        • pulaskiwasright@lemmy.ml
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          3 months ago

          The delegates all predicated their votes to make it look like Hillary had already won before the elections even started

          • EatATaco@lemm.ee
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            3 months ago

            So you are saying that millions of people were swayed by super delegates? It was extremely early, NH early, that people started getting pumped that sanders could win. The media hyped up the race despite it never being close.

            It’s grasping at straws to claim that this is why she demolished him.

        • retrospectology@lemmy.world
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          3 months ago

          It’s possible to defeat a popular progressive like sabders when you have the backing of the party establishment and their corporate media apparatus.

          Clinton won her primary through voter suppression by the DNC and corporate, that doesn’t make her a better candidate. The General proved that.

          If she “demolished” Sanders, and then lost to Donald Trump, that means Trump is therefore the “best” candidate. That’s your logic here.

          • EatATaco@lemm.ee
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            3 months ago

            Clinton won her primary through voter suppression by the DNC and corporate

            I’m sure you’ll be able to back this up with some facts.

            If she “demolished” Sanders, and then lost to Donald Trump, that means Trump is therefore the “best” candidate. That’s your logic here.

            At no point did i say she was the best candidate. I even explicitly said that i voted for Sanders, implying i thought he was the better choice. I’m just pointing out the reality that democratic voters overwhelmingly supported Clinton over Sanders.

            • retrospectology@lemmy.world
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              3 months ago

              Yes and the American people voted for Trump over Clinton, that doesn’t mean he won due to his popularity, he won because he exploited a broken system, same as Clinton exploited a broken system within the DNC.

              Clinton’s primary win is not evidence that she was overwhelmingly popular, it’s evidence that democratic voters was misled about Sanders (who we both supposedly agree is a better candidate). Clinton voters are low-information, a condition that’s fostered deliberately by the DNC and Democrat-aligned corporate media, because if they didn’t decieve people those voters would understand that Sanders is actually someone who would work to deliver the things that benefit all of us.

              If you actually think Sanders is the better candidate then you should agree that most normal people aren’t aware of why. On the other hand, if you think Sanders lost fair and square and democratic voters voted with full knowledge then that’s basically just saying you think progressive policy is a failure on its own merits.

              • EatATaco@lemm.ee
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                3 months ago

                I’m sure you’ll be able to back this up with some facts.

                You keep throwing shit out but don’t back any of it up. Why would i continue to follow your ever shifting justifications?

                If you actually think Sanders is the better candidate then you should agree that most normal people aren’t aware of why.

                One thing i will address is this. I understand that everyone has differing priorities, desires for me, and opinions than me. Clinton would have been a perfectly fine POTUS, so it’s not hard for me to accept that other people have a different opinion.

                The question i originally addressed was whether the DNC screwed Sanders. There is no evidence that they did anything to him that would have overcome the shellacking he took.

                • retrospectology@lemmy.world
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                  3 months ago

                  I understand that everyone has differing priorities

                  And what, specifically, are those for Clinton? Protecting corporate oligarchy? What exactly do you believe Clinton truly offers to the average voter that Sanders does not?

                  The question i originally addressed was whether the DNC screwed Sanders. There is no evidence that they did anything to him that would have overcome the shellacking he took.

                  Yes, there is. He was painted as an “extremist” by the establishment, his supporters were repeatedly portrayed as “Bernie Bros” despite being a majority women in order to give the impression that his following has some kind of latent misogynist leanings (which Warren played on again in 2020 by lying about him saying that a woman can’t be president). The party super delegates were allowed to pre-vote to give the impression Clinton had a greater lead than she really did. Primary debates between Sanders and Clinton were scheduled for times with the least viewership, he recieved very few interviews on major outlets and when he did it was almost always just some talking head aggressively criticizing his “extreme left wing” policies.

                  There was the email leak that demonstrated that there was hostility towards Sanders from within the DNC and that members were looking to help Clinton’s campaign.

                  Do we not remember that it was concluded in court that the DNC chair, Debbie Wasserman Schultz, was working to sabotage Sanders. The court didnt deny the rigging was hapoening, it just decided it was ok to rig things against candidates because in its view the party can pick whatever candidates they want.

                  It’s not a question of whether or not the DNC and their corporate media allies working to undermine the Sanders campaign, it’s established, yes, they were. That’s how public opinion is manufactured; by leveraging the media and party apparatus to create a false narrative to decieve voters and manipulate people’s perception of who and what ideas are viable. Pretending there weren’t powerful interests aligned against Sanders plays into that narrative.

    • FiniteBanjo@lemmy.today
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      3 months ago

      TBH with how Obama treated Netanyahu versus Trump admin backing single state solution: I bet the war on the Gaza Strip wouldn’t be happening, either. Not at the same scale, at least.

    • retrospectology@lemmy.world
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      3 months ago

      Clinton is super pro-corporate, what are you on about? She was unelectable and never should’ve run, she’s directly responsible for Trump.

    • ulkesh@lemmy.world
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      3 months ago

      It’s called Congress. Too bad they are made up of spineless, greedy pieces of shit to do anything about any of this.

      • fukurthumz420@lemmy.world
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        3 months ago

        the american people are just as spineless. anybody could open up a few seats. all it takes is a little patience and planning. those of you waiting on a corrupt system to fix itself are the biggest dipshits on the planet.