this post was submitted on 21 Jan 2024
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[–] JustZ@lemmy.world 31 points 10 months ago (2 children)

People are funny.

Biden will probably get this done. He said he was going to, seems like the administrative steps to do so are happening.

But here's what will happen: the Supreme Court is getting ready to shred another longstanding precedent known as the Chevron Doctrine. Without Chevron, any federal court will be able to enjoin any action of any federal agency just by saying that the agency's interpretation of the statute, even though it's reasonable, isn't what Congress really intended. In other words, agencies will no longer be able to regulate much of anything because corporations will just file a lawsuit in some backwards ass federal court district and the judge's interpretation of the statute will carry more weight than the agency that administers the statute.

That's the Republican plan, here. They give half a shit about DEA administrative scheduling, they can't wait to destroy the FCC, SEC, IRS, EPA, FTC, FEC, etc. If the DEA reschedules cannabis, and the Republicans cannot lock up enough black and brown people, they will judge shop until they find one to say doing so isn't what Congress intended with cannabis prohibition statutes, and enjoin the rescheduling.

[–] davetapley@lemmy.world 2 points 10 months ago (1 children)

Latest ep. of Strict Scrutiny podcast ("AITA? SCOTUS Edition") has a good deep dive on this.

[–] JustZ@lemmy.world 1 points 10 months ago