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The US Supreme Court Has Handed Big Tech a Big Gift


By shifting regulatory power away from government agencies and to the courts, recent SCOTUS rulings may be a boon for a tech industry under fire.

After the National Labor Relations Board in January accused the company of illegally firing eight workers for criticizing Musk in an internal letter, SpaceX filed a lawsuit alleging that the agency’s structure is unconstitutional. Even though the agency has not relied on Chevron in its enforcement actions in recent years, the doctrine did provide it a level of deference in courts when it came to rulemaking. “Tying the hands of administrative agencies may have the effect of ceding regulatory authority of fast-moving tech industries to the European Commission on issues like privacy, data portability, and digital platform access and interoperability,” she says.

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