Author Archive: Glenn Reynolds

HARSH, BUT FAIR:

IT’S NOT LIKE YOU SHOULD BE TAKING THIS CLOWN SHOW SERIOUSLY: Real Clear Politics just blasted Not the Bee for our “flippancy” that’s “destroying public discourse.” Here is my reply.

I mean, David French? Also, as I’ve noted before, being “nice” isn’t a Christian tenet. Nice people don’t drive the moneychangers out of the temple, or the Moors out of Spain. Niceness-as-Christianity is mostly a cowardly copout by people who are afraid of confrontation.

OPEN THREAD: Ring in the weekend.

BACK WHEN I WAS ON THE PLANETARY PROTECTION SUBCOMMITTEE, WE DIDN’T GET TO DO ANYTHING THIS COOL: NASA picks scientists to join Hera asteroid defense mission. Of course, that was over a decade ago, pre-SpaceX when we didn’t have much in the way of capabilities yet.

THE REAL VICTIMS:

I’m teaching Admin Law in the fall, but I think I’ll bear up under the strain of revising my syllabus. I’d been telling students Chevron was on life support for years.

EVEN IF THEY REPLACE HIM AS CANDIDATE, WE’RE PROBABLY STUCK WITH HIM FOR NEARLY 7 MONTHS: Six Tips for Surviving in Biden’s America.

Though I can imagine a deal where he resigns now in favor of Kamala, giving her several months as the first black, female president in exchange for her not running.

ANOTHER BIG WIN FOR THE NCLA: In Landmark Victory for Civil Liberties, NCLA Persuades Supreme Court to Overturn Chevron Deference. “Today, the U.S. Supreme Court decided 6-3 to overturn the 1984 Chevron v. Natural Resources Defense Council case and with it the unconstitutional Chevron doctrine. It did so in the New Civil Liberties Alliance’s case, Relentless Inc. v. Dept. of Commerce, argued in tandem with Loper Bright Enterprises, et al. v. Raimondo. The Court vacated and remanded the First Circuit’s decision that upheld a National Oceanic and Atmospheric Administration (NOAA) and National Marine Fisheries Service rule requiring fishing companies like NCLA’s clients to pay for at-sea government monitors on their fishing boats. NCLA celebrates this monumental victory, which will curtail abuses of administrative power for years to come. . . . Concurring opinions discussed two core constitutional problems with Chevron deference that NCLA founder Philip Hamburger has long emphasized. First, employing such deference abandons a judge’s duty to provide independent judgment. Second, when a federal court defers to an agency’s legal interpretation, the litigants opposing that agency—like the fishermen opposing NOAA in Relentless—do not have their case judged by an impartial adjudicator, which violates the core constitutional promise of due process.”

Reminder/disclosure: I’m on the NCLA’s advisory board.

DON SURBER ON YESTERDAY’S SEC DECISION: Americans 6, Deep State 3. “The SEC used its in-house administrative law judge to fine George Jarkesy $300,000 and to confiscate another $685,000 from him. There was no jury. Well, you don’t need a calculator to determine that $985,000 is more than $20. Mister Jarkesy sued for his 7th Amendment right to a jury trial. He fought all the way to the Supreme Court.”

Plus:

The vote to force the government to prove its case in an actual court of law was 6-3. The dissent written by Justice Sonia Sotomayor actually made the case for the majority opinion.

She wrote, “The majority claims that its ruling is limited to ‘civil penalty suits for fraud’ pursuant to a statute that is ‘barely over a decade old,’ ante, at 18, n. 2, 22, an assurance that is in significant tension with other parts of its reasoning. That incredible assertion should fool no one. Today’s decision is a massive sea change.

“Litigants seeking further dismantling of the ‘administrative state’ have reason to rejoice in their win today, but those of us who cherish the rule of law have nothing to celebrate.”

Of course we want to dismantle the administrative state. We’re American citizens, not British subjects.

Too many grafters and grifters depend on it, though.

IT’S NOT THAT THEY REALIZED HE WAS SENILE AND INCOMPETENT, IT’S THAT THEY REALIZED THEY COULD NO LONGER HIDE IT: Morning Greatness: Biden Debate Performance Has Democrats Freaking Out.

Flashback: Time for Consequences: The “Cabal” who bragged about rigging the 2020 election stuck us with an incapable president at a time of crisis. Examples need to be made.

UPDATE:

ANOTHER UPDATE: