Apa yang baru saja dilakukan SCOTUS terhadap broadband, hak untuk memperbaiki, lingkungan, dan lainnya

Since the New Deal era, the primary functioning body of the US government has been the administrative state, consisting of agencies like the EPA, FCC, FTC, FDA, and others. Congress and the courts, even when operating efficiently, are no longer seen as suitable for addressing modern issues. Instead, both industry and the general public turn to the administrative state for immediate solutions. The Supreme Court decision in Chevron USA, Inc. v. Natural Resources Defense Council (NRDC) in 1984 had a significant impact on the administrative state, but that decision has now been overturned.

The administrative state plays a crucial role in various aspects of our lives, including net neutrality, climate change, consumer protections, and more. The recent Supreme Court ruling will have far-reaching effects, although the full extent is not yet clear. With the demise of Chevron deference, agencies may face more challenges in implementing regulations.

Chevron deference was a doctrine in which courts deferred to federal agencies in interpreting ambiguous legislative language. This allowed agencies to address important issues that legislators had not yet covered. However, the recent overturning of Chevron deference by the Supreme Court signals a shift in how agencies can regulate. The new doctrine, possibly Skidmore deference, may give judges more power to block agency rules.

The ruling could impact important policies like net neutrality, where the FCC’s ability to regulate internet service providers may face more challenges without Chevron deference. The FCC’s efforts to reinstate net neutrality rules could be affected by the absence of deference, potentially leading to legal hurdles in the future.

Overall, the downfall of Chevron deference could change the landscape of regulatory decisions, particularly in areas like net neutrality. The FCC may face difficulties in upholding its regulations without the deference previously granted by the courts. The future of regulatory decisions, especially in the context of net neutrality, remains uncertain in light of this recent Supreme Court ruling.