🇺🇸 Chevron Back on the Docket

POWERED BY

Good morning, and happy Wednesday! The U.S. Navy on Saturday commissioned the USS Cooperstown in honor of 70 Major League Baseball Hall of Fame players who served in the military during wartime.

Plus, these are the 10 Safest States in America.

Also, refine your palate with spirits from around the world...

FLAG POLLS

🐎 Tuesday, May 9: 2024 Democratic Presidential Nomination: Biden 62, Kennedy 19, Williamson 4 (Rasmussen Reports)

📉 Tuesday, May 9, President Biden Job Approval: Approve 48, Disapprove 51 (Rasmussen Reports)

📉 Monday, May 8, President Biden Job Approval: Approve 43, Disapprove 49 (IBD/TIPP)

🐘 Sunday, May 7: 2024 Republican Presidential Nomination: Trump 53, DeSantis 25, Pence 6, Haley 6, Ramaswamy, T. Scott 4, Christie, Youngkin, Sununu, Hutchinson 1, Noem (ABC News/Wash Post)

TRENDING

Left: What Has Gotten Into Republican Women? Amanda Marcotte, Salon

Left: More Entanglements Between Crow & Thomas Raise Questions New York Daily News

Left: NY Banned Gas from New Buildings. Why Not California? Los Angeles Times

Right: Kremlin Attack Another Reason To Stop Ukraine War Jonathan Tobin, The Federalist

Right: The Squad Stands Alone on Jordan Neely's Death David Marcus, The Spectator

Right: Who Is Behind Coordinated Attacks on Supreme Court? Mollie Hemingway, Fox News

POWERED BY FLAVIAR

Leave Your Liquor Cabinet Looking Top-Shelf

Home bar looking a little sparse? Flaviar brings the top-shelf to your doorstep. A membership will find you new full-flavored favorites and teach you the nuances of taste and lingo needed to find your own.

From whiskey to mezcal, Flaviar sends you a range of samples curated to your tastes each month, so there’s a spirit to love in each crate. Plus, get Member prices when it’s time to buy the full bottle — and complimentary bottles when you sign up.

🥃 Get up to 8 free bottles with your first membership 🥃

QUICK CLICKS

Trump Found Liable, Tucker Goes To Twitter, Biden Business Dealings

US: A jury finds Trump liable for battery and defamation in E. Jean Carroll trial (NPR)

Business: Tucker Carlson says he's coming back with show on Twitter (ABC News) + Elon Musk releases statement about Tucker Carlson’s new Show On Twitter: ‘We Have Not Signed A Deal’ (Daily Wire)

US: Biden, McCarthy divided over debt ceiling but talks continue (Reuters)

US: Here’s how much Black Californians could individually receive in reparations payments (KTLA Los Angeles)

World: Three Islamic Jihad commanders and family members among multiple dead in Israeli strikes on Gaza (CNN)

US: Republicans to release memo on Biden family business dealings: 'Judgment day' for the White House (Fox News) + CIA fast-tracked letter that falsely suggested Hunter Biden laptop was Russia op (NY Post)

SCOTUS

Chevron Back on the Docket

Earlier this month, the US Supreme Court announced it would reconsider its landmark 1984 ruling that became known as the "Chevron deference" doctrine. It essentially says if a law is vaguely worded, federal courts should defer to the agency in question — in the original case, this concerned air pollution and government review of changes to factories or plants.

Reporting from The Left: Supreme Court to hear major case on limiting the power of federal government, a long-term goal of legal conservatives Ariane de Vogue and Devan Cole, CNN

Reporting from The Right: Supreme Court accepts case that has potential to erode power of federal regulators Brianna Herlihy, Fox News

From The Flag: The case being considered is Loper Bright Enterprises et al. v. Raimondo, which involves a fishery in Alaska and the National Marine Fisheries Service. The NMFS says fisheries should have to pay for inspectors that are overseeing their operations. Lower courts have relied on the Chevron deference in previous rulings. Here's more from both sides.

LEFT-LEANING SENTIMENT

Conservative Court Puts Chevron on the Chopping Block

• The Supreme Court's review may have implications for government regulations and presidential authority.

• To kill the Chevron doctrine means regulations will loosen to prior days of industries free from regulation and oversight.

• The United States would be less democratic should the Supreme Court overrule the Chevron doctrine.

Supreme Court's Chevron Review Caps Years-Long Conservative Push Emily Birnbaum, Jennifer Dlouhy, Greg Stohr, Bloomberg: "Conservatives who for years have pushed judges to rein in federal bureaucrats have a chance to claim their biggest prize yet as the Supreme Court considers toppling a 39-year-old precedent that critics say has fueled an explosion of government overreach. The justices on Monday agreed to hear a case testing the so-called Chevron doctrine, which gives the agencies latitude to interpret ambiguous laws. The implications for government regulations — and by extension, presidential authority — are vast, potentially touching everything from climate change to finance to corporate power. Presidents of both parties have leaned on the doctrine. A judge invoked it to uphold Donald Trump’s ban on bump stocks, which allow rifles to fire like machine guns. Barack Obama used Chevron to defend a rule encouraging states to adopt more renewable power. And Joe Biden said courts should defer to regulators seeking to expand federal oversight of waterways."

If the Supreme Court kills the Chevron doctrine, corporations will have even more power ‍Laurence Tribe and Dennis Aftergut, Los Angeles Times Opinion: "The court accepted Loper Bright Enterprises vs. Raimondo, an innocent-looking case involving herring fishermen and the requirement by the National Marine Fisheries Service that they pay the salaries of government monitors to ensure compliance with regulations that protect overfished and endangered species. From little herrings, whale-sized consequences for our world might grow. ... Eliminating or curbing the power of federal agencies to interpret and enforce federal laws... would implement a long-standing Republican agenda: to shrink government and return to the days of laissez-faire capitalism, before child labor laws and Social Security ... With federal agencies crippled in playing that indispensable role, whole industries would be unleashed to operate free from mandates that protect clean air and water; banks and predatory lenders could operate unconstrained ... and the wealthy and powerful would make their own rules."

One more opinion piece from the Left: A new Supreme Court case seeks to make the nine justices even more powerful ‍Ian Millhiser, Vox

RIGHT-LEANING SENTIMENT

Separation of Powers: It's Time To Cut the Chevron Doctrine

• Given how the Chevron precedent has been abused in the past, it's a good thing the nation's highest court is reconsidering it.

• Doing away with Chevron is long overdue: it expanded the president's power at the expense of Congress.

• The Supreme Court has the opportunity to undo a tragic mistake it made 40 years ago, which put the unelected administrative state in control of our daily lives.

A Welcome Supreme Court Review of Chevron Deference ‍Editorial Board, Wall Street Journal: "Few Supreme Court doctrines have been stretched more by regulators and lower-court judges than Chevron deference ... a 1976 fishing law ... lets the National Marine Fisheries Service require fishing vessels to carry federal observers on board to enforce the agency’s fishing regulations. In three narrow circumstances, the law also permits the agency to require vessels to pay the salaries of government monitors. ... the DC Circuit Court of Appeals upheld the government’s broad interpretation as 'reasonable' because it was not expressly precluded by the law. ... Where have we seen this before? ... The Biden vaccine mandate and eviction moratorium... The High Court resolved challenges to those policies under its major questions doctrine, which requires clear authorization from Congress for regulations that are politically or economically significant. The Court is taking the next logical step by agreeing to revisit its much-abused Chevron precedent."

The demise of the Chevron doctrine is nigh Henry Olsen, Washington Post Opinion: "Democrats have been howling about the Supreme Court’s conservative majority ... But that should not — and likely will not — dissuade conservative justices from taking the plunge. Doing away with Chevron is long overdue. ... the landmark 1984 case ... holds that a federal court must defer to an agency’s interpretation of a statute when issuing a rule, provided the interpretation is 'reasonable.' ... This might seem like a straightforward ruling; in fact, it authorized a massive shift in power from Congress and the courts to the president. Most of the administrative agencies subject to Chevron are run by presidential appointments. These officials might have subject matter expertise, but their knowledge does not negate the fact that they make inherently political judgments, which the Constitution envisioned would be made by elected legislators."

One more opinion piece from the Right: Supreme Court may finally end rule of bureaucrats with ‘tragic’ Chevron case John Fund, New York Post

FLAG THIS

Rising Disapproval for SCOTUS, Especially Among Democrats, Independents

Polling data suggests the percentage of people who "disapprove" of the Supreme Court has risen since the Dobbs decision was leaked, which overturned Roe v. Wade.

Disapproval was no higher than 50% from September 2020 through March 2022 but reached as high as 61% last July. The most recent numbers from this March show 44% of respondents "approve" while 56% "disapprove."

Along party lines, Republicans show a more favorable stance (66% approve, 34% disapprove) than Democrats (28% approve, 72% disapprove) and Independents (39% approve, 61% disapprove). But in July 2022, 6 in every 10 Democrats and Independents said they approved of SCOTUS' job performance (Marquette University Law School).

FLAG FINDS

Superior Taste & Graduation Gifts

🥃 Toast to your superior taste. Flaviar gives you a non-stop supply of delicious, deluxe spirits delivered to your doorstep – plus $35 off when you sign up. Bottom(les)s up!

🎓 For those who just came into graduation cash — or those who are doing the gifting — the transition from school to life is always a tough one. But here's a tech gift to create the perfect thruline: the Kindle Paperwhite. With a lightweight design and gentle display, it's a kiss goodbye to required reading and back-breaking book bags and a warm welcome to real-world leisure. Plus, at 21% off, it costs less than an average textbook.

🎧 Misplaced your AirPods at the grad party? It might be a blessing in disguise. Sony's Bluetooth earbuds possess Alexa integration and industry-leading noise-canceling capabilities. Perfect for those who'd rather drown the real world out. Get them now while they're still $80 off.

WATERCOOLER

Transcontinental Railroad, Don't Squish Stink Bugs, Australia is Moving

On May 10, 1869, the presidents of the Union Pacific and Central Pacific railroads meet in Promontory, Utah, and drive a ceremonial last spike into a rail line that connects their railroads. This made transcontinental railroad travel possible for the first time in U.S. history. No longer would western-bound travelers need to take the long and dangerous journey by wagon train.

Bicycling: How to Clean Your Bike Chain Like a Pro Mechanic

Mental Floss: Why You Should Never Squish a Stink Bug

The Hill: The Hill: All birds are shrinking — but small birds are shrinking fastest

Today I Learned that Australia is Moving North at a rate of 2.7 inches per year. Since 1994 it has moved over 5 feet.