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What SCOTUS just did to net neutrality, the right to repair, the environment, and more • By overturning Chevron, the Supreme Court has declared war on an administrative state that touches everything from net neutrality to climate change.
The end of Chevron deference will touch on everything from broadband policy to climate change.
Legal commentator Matt Ford wrote earlier this year that this interplay between the judiciary and industry was hardly an open secret, quoting Don McGahn — who would eventually become Trump’s White House counsel — at CPAC 2018 saying outright that “the judicial selection and the deregulatory effort are really the flip side of the same coin.” But with Chevron being overturned amid a broader movement undermining agency authority without clear direction from Congress, Schettenhelm said, “it’s about the worst possible time for the FTC to be claiming novel rulemaking power to address unfair competition issues in a way that it never has before.” This year alone, the Department of Labor extended overtime pay to workers making below $58,656, announced a regulation allowing third parties on worksite inspections, and the Equal Employment Opportunity Commission issued new guidance on workplace harassment for the first time since 1999.
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