Loper Bright Enterprises v. Raimondo, “Chevron deference allowed agencies to use their expertise to determine how to carry out laws passed by Congress—laws intended to keep our air and water clean, our drugs safe and effective and our securities markets protected from fraud and deception.”, Roberts and his ultraconservative fellow travelers seem eager to display a self-confident superiority and disrespect for justices who served previously and tried to faithfully interpret the law.
Their willingness to trash their predecessors is disturbing and dangerous. While flexing its muscle, the court’s current conservative majority is acting in ways thatdecision, let’s look at how the court has traditionally handled the delicate task of upending precedent and explaining its reasons for doing so.
In addition, our research shows that today the opinions of the court are much more openly critical of the decisions they overrule than were those that overturned precedent throughout most of American history. This hasIn the past, the court said relatively little about the cases it overruled. When justices did write about them, they were often almost apologetic.
When the current court decides to overrule precedent, it is prone to write a “trash-and-burn” decision about the case it is overturning. Justice Samuel Alito’s majority opinion in. Adding insult to injury, he argued that “Roe’s constitutional analysis was far outside the bounds of any reasonable interpretation of the various constitutional provisions to which it vaguely pointed.
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