• Bureaucrats and powers

    From Mike Powell@1:2320/105 to AARON THOMAS on Wed Dec 4 10:57:00 2024
    In a message from RON L. to AARON THOMAS
    -------------------------
    But the problem was never in the Executive Branch. It's in the Bureaucracy. Those people have Legislative power without any accountability. That's why DOGE is going to be so important.

    "Those people" actually no longer have this power:

    "In mid-2024, the Supreme Cour's conservative supermajority overturned its 40- year-old finding in Chevron v. Natural Resources Defense Council, a precedent that had largely given specific government agencies (and experts working for them) the authority to interpret rules, regulations and guidance they were charged with implementing. In doing so, the court shifted the power to approve or deny changes in the regulatory landscape away from the agencies -- ones like the Food and Drug Administration, Federal Trade Commission, and Centers for Medicare and Medicaid Services -- and toward the judiciary.

    "The precedent had previously created a two-step process by which courts
    judged the appropriateness of government agencies' interpretations of their statutory authority to issue regulations. It did not provide a universal deference, but a limited deference to these agency interpretations of often vague or ambiguous legislative grants of authority. So the agencies had a lot of leeway in issuing regulations and what they were allowed to do, but the courts were allowed to double-check that those interpretations were backed up by laws passed in Congress.

    "But with the case Loper Bright Enterprises v. Raimondo, the Supreme Court's six conservatives reversed that, overruling Chevron deference and stating that courts would now 'exercise their independent judgment in deciding whether an agency has acted within its statutory authority,' as courts had the 'special competence' to provide answers on 'statutory ambiguities.' Agency interpretations may now 'persuade' courts, but courts no longer owe them any kind of deference.

    "In short, the courts have more power to approve or reject regulatory decisions made by agencies when the law is ambiguous about an agency's regulatory authority."

    MORE at:

    How A Recent Supreme Court Decision May Have Already Hamstrung RFK Jr.'s Big Plans

    www.huffpost.com/entry/rfk-jr-chevron-deference_n_67472b60e4b09fd0504a873f

    DOGE is probably going to take credit for things that the SCOTUS already
    put into motion with this case earlier this year.

    $$

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  • From Mike Powell@1:2320/105 to AARON THOMAS on Wed Dec 4 11:23:00 2024
    We already have the IRS making an agreement with their employees that they can continue to work from home. It's unknown how binding that agreement is but it will be used to block DOGE.

    But what's wrong with them working from home? Doesn't that save us money?

    Yes, if done correctly. If someone is not being productive, you take away
    the privelege.

    The only people who don't like it are people who cannot properly
    manage others without being able to "lord over" them in person. That, and
    PITA employees who think of their time in the office as their "social time."


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  • From Aaron Thomas@1:342/201 to Mike Powell on Wed Dec 4 22:28:54 2024
    In a message from RON L. to AARON THOMAS
    -------------------------
    But the problem was never in the Executive Branch. It's in the Bureaucr Those people have Legislative power without any accountability. That's DOGE is going to be so important.

    "Those people" actually no longer have this power:

    "In mid-2024, the Supreme Cour's conservative supermajority overturned
    its 40- year-old finding in Chevron v. Natural Resources Defense
    Council, a precedent that had largely given specific government agencies (and experts working for them) the authority to interpret rules, regulations and guidance they were charged with implementing. In doing
    so, the court shifted the power to approve or deny changes in the regulatory landscape away from the agencies -- ones like the Food and
    Drug Administration, Federal Trade Commission, and Centers for Medicare and Medicaid Services -- and toward the judiciary.

    I'm lost. I think you meant to address this message to Ron and not to me.

    I thought Ron was referring to congress voting to waste money (happens a lot) and that (hopefully) DOGE will do something about that.

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  • From Mike Powell@1:2320/105 to Aaron Thomas on Thu Dec 5 10:49:58 2024
    In a message from RON L. to AARON THOMAS
    -------------------------
    But the problem was never in the Executive Branch. It's in the Bureaucr Those people have Legislative power without any accountability. That's DOGE is going to be so important.

    "Those people" actually no longer have this power:

    "In mid-2024, the Supreme Cour's conservative supermajority overturned its 40- year-old finding in Chevron v. Natural Resources Defense Council, a precedent that had largely given specific government agencies (and experts working for them) the authority to interpret rules, regulations and guidance they were charged with implementing. In doing
    so, the court shifted the power to approve or deny changes in the regulatory landscape away from the agencies -- ones like the Food and Drug Administration, Federal Trade Commission, and Centers for Medicare and Medicaid Services -- and toward the judiciary.

    I'm lost. I think you meant to address this message to Ron and not to me.

    No meant for you.

    I thought Ron was referring to congress voting to waste money (happens a lot) and that (hopefully) DOGE will do something about that.

    Congresspersons are not bureaucrats. Ron was complaining about bureaucrats who are usually appointed or hired, not elected, and that work for the "bureaus" like the FDA or FTC. I was pointing out, to you, that his complaint/information is mostly moot as these bureaus no longer have the authority that he is claiming they do. As of earlier this year, the SCOTUS stripped them of these powers.

    If someone in the next 4+ years credits DOGE for doing so, they will be mistaken.

    $$
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  • From Aaron Thomas@1:342/201 to Mike Powell on Fri Dec 6 15:22:22 2024
    No meant for you.

    I thought Ron was referring to congress voting to waste money (happens lot) and that (hopefully) DOGE will do something about that.

    Congresspersons are not bureaucrats. Ron was complaining about bureaucrats who are usually appointed or hired, not elected, and that
    work for the "bureaus" like the FDA or FTC. I was pointing out, to you, that his complaint/information is mostly moot as these bureaus no longer have the authority that he is claiming they do. As of earlier this
    year, the SCOTUS stripped them of these powers.

    Government organizations like those, they were actually making laws? I was never aware of that (but I wasn't paying close attention to that issue.)

    I'm glad that it's been corrected, but there's always going to exist the problem of "experts" calling the shots. Like Dr Fauci for example. He didn't make any laws, but leaders (like then Gov Cuomo) made executive order based on Fauci's "expert advice." (Like NY's vaccine mandate.)

    The USSC is great but they can't help us with "trust the experts syndrome."

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