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Post by cadman on Jul 13, 2024 14:33:45 GMT -5
Where does the SCOTUS decision say that? I think the court ruled that the judicial body should receive and consider the advice and not blindly obey the administratives interpretation. Congress can still delegate discretionary authority to agencies. Congress can transfer it's power to the agency if it writes into the law. The decision just says the judge should not blindly side with the administrative bodies interpretation of the statute, but look at all the evidence and decide if the agencies interpretation was correct. Agencies will still have to interpret statutes and make rules based on that interpretation. Congress will likely write such laws giving the agency that authority as part of the statute. Congress is not going to list every possible rule that might affect the law. As an example given: Justice Barrett gave the example of the difference between a drug and a supplement under the Federal Food, Drug, and Cosmetic Act, suggesting that “the definition of dietary supplement or drug might be something that’s a question of statutory interpretation … but which category one thing fell in might be a question of policy for the agency.”So congress will give a broad definition of what is a drug and what is a supplement and then the agency will write rules defining which products fall under each category. The courts will then determine if the agency made the correct decision. When you read something and comprehend it, you also get the intent rather than just the actual words used. Do you believe that the SCOTUS’ decision implies that our legislative representatives need to only rely on their own knowledge on any subject they are writing legislation on? I sure don’t. I'm pretty sure they didn't before this and the court's decision changes nothing in that regard.
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Post by walkerdog on Jul 13, 2024 14:42:20 GMT -5
I don’t disagree.
But others comments indicate that they believe the recent decision means that only the expertise of lawmakers can be used when making laws. That is not so and is the whole point of my comments.
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Post by cadman on Jul 13, 2024 15:00:08 GMT -5
I think some things it means congress has to write specific laws and that is not true either.
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