Decoder with Nilay Patel The Supreme Court ruling that could kill net neutrality
Jul 25, 2024
In this insightful discussion, Sarah Jeong, editor at The Verge and a technology policy expert, dives into the seismic shifts following the Supreme Court's recent ruling. She explains how the overturning of Chevron deference could spell doom for net neutrality, reshaping the relationship between regulatory agencies and the judiciary. They explore the potential ideological battles looming as net neutrality cases may soon escalate to the Supreme Court, alongside the political tensions affecting judicial decisions and the unpredictable nature of the regulatory landscape.
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Chevron Deference Explained
- Chevron deference is a two-step test favoring agencies, asking if a statute is ambiguous and if the agency's interpretation is rational.
- Courts generally uphold agency interpretations, assuming agencies possess relevant expertise and have undergone thorough rulemaking processes.
Chevron's Ironic Origins
- Ironically, Chevron deference originated from a case involving the Reagan EPA's rollback of a rule, a pro-business move.
- Now, a conservative court seeks to undo this deference, signifying a shift in their approach to executive power.
Textualism's Distortion
- Scalia's textualist framework for Chevron, initially meant to simplify legal interpretation, has been distorted.
- The current interpretation views all words as ambiguous, leading to misuse of linguistic tools and a convoluted legal doctrine.