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Why Right-Wing Activists Have Strong Opinions About the Supreme Court’s Big Fishing Regulations Case [1]

['Balls']

Date: 2024-01-16 21:11:34+00:00

But the ADF has a stake in the outcome of this case because of how its resolution could affect the bread-and-butter of the ADF’s docket: The explicit aim of the petitioners in Loper Bright is to overturn Chevron v. NRDC and end judicial deference to federal agencies’ interpretations of their congressional mandates, a result that would effectively give judges veto power over regulations with which they don’t agree. Put another way, the goal is to stop agencies from doing their jobs: agencies that make it possible to get birth control at a pharmacy, or to use insurance to access hormone therapy, or to keep your healthcare information from being handed over as evidence in a criminal trial, among many other examples.

Loper Bright seeks to upend the way government functions. In so doing, it functions as a vehicle for the conservative legal movement—including the ADF—to deny women control of their own reproductive systems, and erase trans people’s right to live with dignity.

The ADF’s amicus brief in Loper Bright, filed on behalf of a network of “Christian employers,” is best understood less as a legal argument and more as a series of gripes about policy outcomes they don’t like. It is also riddled with errors that gloss over how Chevron actually works. For example, Chevron is not a blank check—it requires judges to review agency interpretations for reasonableness, and allows them to strike down unreasonable exercises of power. Yet ADF claims that agencies use Chevron deference to “evade judicial review” altogether and “impose their personal political agendas.” Basically, the ADF’s ostensibly legal argument is that the Employment Opportunity Commission and the Department of Health and Human Services do not consistently interpret the law in ways that keep women barefoot and pregnant or eliminate trans people from public life.

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[1] Url: https://ballsandstrikes.org/scotus/loper-bright-conservative-groups-amicus-briefs/

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