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Cake day: July 7th, 2023

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  • The overturn of Chevron is only significant in that courts, particularly lower appeals courts, won’t be forced to accept agency interpretations on law. They still can if that’s the better of the two. It’s a big development in APA law but it is just on how laws get reviewed when contested.

    Having not looked into the drug scheduling system much I can’t say for certain on that particular topic. But I wouldn’t be shocked if something like an interpretation on paraphernalia by the DEA got shot down.

    If you want some good from the Loper Bright case keep in mind that it limits new presidents from coming in and appointing biased ‘experts’ to agencies to create new interpretation of law to aid their causes. This is a double edged sword. But I think with time we willl benefit from the end of the practice and we will settle in to a more stable set of administrative rulings that doesn’t shift every 4 years.














  • Because no one else gave you an actual explanation I will. The highest law in the US legal system is the Constitution. In it the president’s official duties are described. Congress could not pass a law blocking him from doing his official duties as Constitution>Enacted Bill. To override the Constitution they would need to pass an amendment. Because of this any law enacted that may be otherwise lawful is unlawful as applied to the president if they were doing the act as part of their official duties.

    If Congress could pass a law saying no one can issue pardons and arrest the president for doing so they’d have effectively stripped text out of the constitution.

    As for protecting against treason and bribery, those don’t sound like official acts. But they did cite an earlier case about Nixon that had previously set restrictions on how prosecutors may obtain information, that may benefit in any trial.