The downfall of Chevron deference could completely change the ways courts review net neutrality, according to Bloomberg Intelligence’s Matt Schettenhelm. “The FCC’s 2024 effort to reinstitute federal broadband regulation is the latest chapter in a long-running regulatory saga, yet we think the demise of deference will change its course in a fundamental way,” he wrote in a recent report. “This time, we don’t expect the FCC to prevail in court as it did in 2016.” Schettenhelm estimated an 80 percent chance of the FCC’s newest net neutrality order being blocked or overturned in the absence of Chevron deference.

Federal Trade Commission Chair Lina Khan has made no secret of her ambitions to use the agency’s authority to take bold action to restore competition to digital markets and protect consumers. 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.”

Khan’s methods have drawn intense criticism from the business community, most recently with the agency’s labor-friendly rulemaking banning noncompete agreements in employment contracts. That action relies on the FTC’s interpretation of its authority to allow it to take action in this area — the kind of thing that brings up questions about agency deference.

  • EatATaco@lemm.ee
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    5 months ago

    But both sides are the same.

    God damn it, i wish Clinton had won so bad. It would be the exact opposite and corporations wouldn’t be getting this free reign. Fuck.

    • FordBeeblebrox@lemmy.world
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      5 months ago

      I wish Gore had won, every other headline wouldn’t be about the impending climate doom and what we’re not doing to stop it

      Oh wait, he DID win and the fucking court stole it

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        5 months ago

        Don’t forget that 3 of the current justices (Barrett, roberts, kavanaugh) were on bush’s legal team in 2000 Bush vs Gore

      • JasonDJ@lemmy.zip
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        5 months ago

        FL would’ve been a landslide and the courts wouldn’t have even been asked if the greens voted for Gore.

    • pulaskiwasright@lemmy.ml
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      5 months ago

      I wish the democrats didn’t force her, the candidate that was predicted to be weakest against Trump and the only one likely to lose, through the primary with every trick they could. The democrats tried to skew and steer their own voters and we all lost because of it.

      • EatATaco@lemm.ee
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        5 months ago

        She demolished sanders in the primary. Get over it. The belief that she only won because of some dirty tricks or that sanders was screwed is just nonsense. I wish he had won, and i voted for him, but unfortunately reality tells a much different story. This belief he was screwed is no different than the belief that trump was screwed in 2020.

        • pulaskiwasright@lemmy.ml
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          5 months ago

          The delegates all predicated their votes to make it look like Hillary had already won before the elections even started

          • EatATaco@lemm.ee
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            5 months ago

            So you are saying that millions of people were swayed by super delegates? It was extremely early, NH early, that people started getting pumped that sanders could win. The media hyped up the race despite it never being close.

            It’s grasping at straws to claim that this is why she demolished him.

            • pulaskiwasright@lemmy.ml
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              5 months ago

              The race started with Hillary having a commanding lead because the superdelegates were allowed to pre vote. It was clearly intended to manipulate the voters. Let’s not feign ignorance.

              • EatATaco@lemm.ee
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                5 months ago

                She demolished him in votes. You take super delegates out, she still destroys him.

                Pretending that you know that it was meant to influence the voters is nonsense, but pretending that this actually swayed enough that it might have made it even close is just downright ridiculous.

                • pulaskiwasright@lemmy.ml
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                  5 months ago

                  You’re just being purposely obtuse. If you see that she already has a commanding lead before the first vote is cast then you might just not vote if you prefer someone else. Hillary was the DNC’s person and they did what they could to give her advantages.

                  • EatATaco@lemm.ee
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                    5 months ago

                    You’re just being purposely obtuse

                    Projection. Find me one person who didn’t vote because of the superdelegates or voted a certain way because of the superdelegates. After that we can discuss whether or not we think it’s reasonable to believe it may have swung in 12 points.

                    Hillary was the DNC’s person and they did what they could to give her advantages.

                    Certainly she was their person, but there is scant evidence that they did anything to make this happen. The emails would have revealed a whole lot more if that was the case. Remember, one of the worst things that came out of the emails that was a focal point of the complaints, was saying mean things about sanders. Thats how bad it was. Mean things. Maybe this is all “they could to give her advantages” but if that’s the case then the whole argument is silly.

        • chuckleslord@lemmy.world
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          5 months ago

          Yeah, the early primaries really do benefit establishment democrats, and it seemingly painted a damning picture for Bernie. I think if we had synchronized primaries, this benefit would be much smaller and Bernie would’ve had a significant shot.

          • Copernican@lemmy.world
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            5 months ago

            Bernie was such a good surprise candidate, but that only happened because Warren didnt run. I wish she did. I think that was her time and would have avoided some of the criticisms (whether fair or unfairly thrown) at Bernie.

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              Warren backstabbed Sanders in 2016 and 2020 even after she lost, she fell in line with the establushment instead of fighting for what she claims to believe. She’s arguably worse than out and out conservative dems, she’s there to sabotage the left and siphon away votes.

              • Copernican@lemmy.world
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                5 months ago

                Yeah, that was disappointing. But I do think it was a tough situation. Sanders wasn’t a Dem, he was an independent. I think Warren as an established D could have had more pull and commanded more from the establishment side. Unfortunately she picked party over platform.

            • EatATaco@lemm.ee
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              5 months ago

              One of the earliest was NH, which he did very well in, and which gave rise to “sanders has a chance!” And really shocked everyone.

              He probably did way better because he was hyped as having a legitimate shot after that, he even though it clearly wasn’t the case.

              She demolished him. The order of the voting had little to do with it, if not possibly even helping him.

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          5 months ago

          This is a deeply unpopular take but it’s the correct one. I caucusef for Bernie in both 2016 and 2020 and the amount of Hilary/Biden supporters to Bernie supporters in both respective years was dishearteningly high.

          The only people who show up for primaries and caucuses are predominantly white, Christian heterosexuals of retirement age.

          They’re absolutely fucking terrified of anything remotely approaching progressive policy and they’ll never, ever let us run anyone who doesn’t make them feel safe with all their old white money.

        • retrospectology@lemmy.world
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          5 months ago

          It’s possible to defeat a popular progressive like sabders when you have the backing of the party establishment and their corporate media apparatus.

          Clinton won her primary through voter suppression by the DNC and corporate, that doesn’t make her a better candidate. The General proved that.

          If she “demolished” Sanders, and then lost to Donald Trump, that means Trump is therefore the “best” candidate. That’s your logic here.

          • EatATaco@lemm.ee
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            5 months ago

            Clinton won her primary through voter suppression by the DNC and corporate

            I’m sure you’ll be able to back this up with some facts.

            If she “demolished” Sanders, and then lost to Donald Trump, that means Trump is therefore the “best” candidate. That’s your logic here.

            At no point did i say she was the best candidate. I even explicitly said that i voted for Sanders, implying i thought he was the better choice. I’m just pointing out the reality that democratic voters overwhelmingly supported Clinton over Sanders.

            • retrospectology@lemmy.world
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              5 months ago

              Yes and the American people voted for Trump over Clinton, that doesn’t mean he won due to his popularity, he won because he exploited a broken system, same as Clinton exploited a broken system within the DNC.

              Clinton’s primary win is not evidence that she was overwhelmingly popular, it’s evidence that democratic voters was misled about Sanders (who we both supposedly agree is a better candidate). Clinton voters are low-information, a condition that’s fostered deliberately by the DNC and Democrat-aligned corporate media, because if they didn’t decieve people those voters would understand that Sanders is actually someone who would work to deliver the things that benefit all of us.

              If you actually think Sanders is the better candidate then you should agree that most normal people aren’t aware of why. On the other hand, if you think Sanders lost fair and square and democratic voters voted with full knowledge then that’s basically just saying you think progressive policy is a failure on its own merits.

    • FiniteBanjo@lemmy.today
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      5 months ago

      TBH with how Obama treated Netanyahu versus Trump admin backing single state solution: I bet the war on the Gaza Strip wouldn’t be happening, either. Not at the same scale, at least.

    • retrospectology@lemmy.world
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      5 months ago

      Clinton is super pro-corporate, what are you on about? She was unelectable and never should’ve run, she’s directly responsible for Trump.

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        5 months ago

        You think she would have nominated people like kagan or people like gorsuch? Did you see how these votes went down partisan lines? I see for your other responses to me that reality ain’t necessarily your thing, but just try to think about this rationally for a second.

        That being said, if sanders had won the wh, his choices would have likely been even better.

    • technocrit@lemmy.dbzer0.com
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      5 months ago

      God damn it, i wish Clinton had won so bad. It would be the exact opposite and corporations wouldn’t be getting this free reign. Fuck. \s

      FTFY.

      • EatATaco@lemm.ee
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        5 months ago

        Literally all of these have been a long ideological lines. Do you really think she would have appointed conservatives? Are "muh both sides"ers really this out of touch with reality?