We are sitting in an uncanny valley regarding law.
Once independent agencies are no longer independent, partly due to the expansion of the unitary executive viewpoint in both the Supreme Court and the current executive branch, and the rather obsequious Congress we have that instead of being “jealous to protect its power” is kowtowing to anything the Trump administration wants.
The supreme courts ruling on presidential immunity, chevron deference, and the dismantling of the ideas of an independent agency have all come together to create a dangerous situation for all of us.
The Supreme Court, whether because the of their own alignment with partisanship or some other more nefarious reason, have gutted the idea of an independent agency (except for the Federal Reserve, which is special, but not for any legal reason, but rather because even conservative SCOTUS is not willing to risk the fallout of logically applying their unitary executive view of government to the Fed).
So Congress put a lot of regulatory power in these once independent and non-partisan agencies, and that’s gone. Combine that with a president that is overtly partisan and vindictive, and you have a problem where SCOTUS has created a situation that has elevated the whims of a president above the law Congress created.
We will be feeling the affects of this decision for generations, and I wouldn’t be surprised if this was the catalyst for the failure of the American form of government.
Our system cannot sustain when coequal branches of government kowtow to politics.
Once independent agencies are no longer independent, partly due to the expansion of the unitary executive viewpoint in both the Supreme Court and the current executive branch, and the rather obsequious Congress we have that instead of being “jealous to protect its power” is kowtowing to anything the Trump administration wants.
The supreme courts ruling on presidential immunity, chevron deference, and the dismantling of the ideas of an independent agency have all come together to create a dangerous situation for all of us.
The Supreme Court, whether because the of their own alignment with partisanship or some other more nefarious reason, have gutted the idea of an independent agency (except for the Federal Reserve, which is special, but not for any legal reason, but rather because even conservative SCOTUS is not willing to risk the fallout of logically applying their unitary executive view of government to the Fed).
So Congress put a lot of regulatory power in these once independent and non-partisan agencies, and that’s gone. Combine that with a president that is overtly partisan and vindictive, and you have a problem where SCOTUS has created a situation that has elevated the whims of a president above the law Congress created.
We will be feeling the affects of this decision for generations, and I wouldn’t be surprised if this was the catalyst for the failure of the American form of government.
Our system cannot sustain when coequal branches of government kowtow to politics.