A Supreme Court case that has nothing to do with Donald Trump is going to have a direct impact on "all of our lives," an ex-prosecutor said Saturday.
Former federal prosecutor Joyce Vance, who often weighs in on the former president's legal matters, including on MSNBC, flagged the decision in Loper Bright v. Raimondo, handed down on Friday, which she said "will have a direct impact on all of our lives."
"It will upend agency regulations that are used to implement federal law. That sounds dry and far away from our daily lives. But it’s not," Vance added on her Civil Discourse Substack blog.
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She continued:
"The administrative state, which conservatives have spent decades attacking, has operated since the Chevron decision in 1984 on the basic premise that Congress passes laws and agencies issue regulations that implement them. What happened when a regulated entity didn’t like an agency’s decision? They could sue."
Vance added, "The longstanding Chevron deference doctrine required courts to defer to agency action when the law was ambiguous and the agency’s view was reasonable. That came to an end on Friday, when Chief Justice Roberts wrote for the majority in no uncertain terms, 'Chevron is overruled.'
"After Loper Bright, it’s up to the courts. Judges need no longer defer to subject matter experts at a federal agency after the Supreme Court wrote that the experts have 'no special competence' and decided courts were better suited to make these decisions," the ex-prosecutor noted.
Now, she says, "it’s up to the courts."
"Want to know if you can use the abortion drug mifepristone? Despite studies confirming the drug is safer than Viagra and Tylenol, that decision is up to Judge Matthew Kacsmaryk in Amarillo, Texas. If he decides the FDA was wrong to approve it, well then, he can deny women access to medication abortion," Vance said. "What happens if a company that builds airplanes objects to an agency decision that requires them to use, say, six bolts to attach an engine to a plane? They can go to court and make their case to a federal judge. And then, that judge—a lawyer, not an engineer—gets to decide how it will work."
Vance then asks, "Do you feel less safe suddenly? Like courts’ decisions might be politically tinged?"
Read the full Substack post below.
