Will the SCOTUS Chevron Decision Affect FDA Tobacco Rulemaking?

[jguss]

Not wanting to speculate here (but really wanting to speculate here), is there anyone among us that can speak with semi-authority as to how this may alter the course of FDA Tobacco Deeming rulemaking?

Dan, I have it on the best authority what will happen in the wake of this decision:

And I saw a great white throne, and him that sat on it, from whose face the earth and the heaven fled away; and there was found no place for them. And I saw the dead, small and great, stand before God; and the books were opened: and another book was opened, which is the book of life: and the dead were judged out of those things which were written in the books, according to their works. And the sea gave up the dead which were in it; and death and hell delivered up the dead which were in them: and they were judged every man according to their works. And death and hell were cast into the lake of fire. This is the second death. And whosoever was not found written in the book of life was cast into the lake of fire.

Oh, and there will be a reboot of The Ugliest Girl in Town on Netflix.

In short, the apocalypse is coming. Stock up on Moon Pies & RC.

 

[huntertrw]

Will the SCOTUS Chevron Decision Affect FDA Tobacco Rulemaking?​

Every time I see that acronym for the Supreme Court I think of the body part of a male deer that purportedly was once stuffed with fur and used as a ball by certain Native Americans in the game of lacrosse...

 

[woodsroad]

Dan, I have it on the best authority what will happen in the wake of this decision:

And I saw a great white throne, and him that sat on it, from whose face the earth and the heaven fled away; and there was found no place for them. And I saw the dead, small and great, stand before God; and the books were opened: and another book was opened, which is the book of life: and the dead were judged out of those things which were written in the books, according to their works. And the sea gave up the dead which were in it; and death and hell delivered up the dead which were in them: and they were judged every man according to their works. And death and hell were cast into the lake of fire. This is the second death. And whosoever was not found written in the book of life was cast into the lake of fire.

Oh, and there will be a reboot of The Ugliest Girl in Town on Netflix.

In short, the apocalypse is coming. Stock up on Moon Pies & RC.

Mabu, man.

 

[AJL67]

There's only one man for the job.

 

[Sigmund]

Ah yes, the famous ruling of Kirk vs Crane.

 

[AJL67]

Ah yes, the famous ruling of Kirk vs Crane.

By far his best role ever and the bromance with James Spader was onscreen magic, who would have thought those 2 would be so good together.

 

[ashdigger]

It limits rules the alphabet administrative structure can enhance for regulation purposes and makes congress do their jobs.

A simple example is starting pistols. Congress went out of their way to regulate starting pistols. They defined very specifically what they were and weren’t.

Why this matters is using very specific definitions is what Chevron returns the administrative state to.

You cannot just say, regulate tobacco. You have to be very specific and clarify what you are regulating.

In the past Roll Your Own was clumped in with whatever and you were fighting Chevron Deference.

Now you can actively fight terms, definitions and enforcement.

 

[romaso]

FYI, article the OP listed also available here

https://archive.is/Izf8B

 

[Hillcrest]

FYI, article the OP listed also available here

https://archive.is/Izf8B

"After the Friday ruling, White House press secretary Karine Jean-Pierre said the high court was giving priority to special interests over ordinary Americans.
Executive branch lawyers, she said, would review the decision and “ensure that our administration is doing everything we can to continue to deploy the extraordinary expertise of the federal workforce to keep Americans safe and ensure communities thrive and prosper.”"

Well, that settles that !

 

[FurCoat]

While there may definitely be some downsides to Chevron, the blame for that falls squarely on our legislators for being too lazy and too scared to write detailed legislation, and on the regulators for overstepping their mandate.

Yes

 

[FurCoat]

"After the Friday ruling, White House press secretary Karine Jean-Pierre said the high court was giving priority to special interests over ordinary Americans.
Executive branch lawyers, she said, would review the decision and “ensure that our administration is doing everything we can to continue to deploy the extraordinary expertise of the federal workforce to keep Americans safe and ensure communities thrive and prosper.”"

Well, that settles that !

I vomited when I read that.

 

[Cracklin' Tobaccy]

I know the trucking industry is going at them full force to back off the EPA tyranny

 

[brian64]

the blame for that falls squarely on our legislators for being too lazy and too scared to write detailed legislation

...or too paid off...or too blackmailed.

 

[warren]

I must disagree, no surprise of course, the blame rests entirely on an electorate, us, we vote single issue or totally uninformed about the candidates. The voters can simply be naive or, exclusively concerned with what's good for them and their wallets. Candidates understand this singularity and play to it. Voters, by and large, seem to me to be extremely gullible and are lacking, at least many of them, the willingness to put their wants after the needs of the country. Tell me you thoroughly research each candidate, each issue, and vote, not for your personal interests but, for what's best for the country as a whole. Hell, I can't say that every election.

 

[captpat]

makes congress do their jobs.

Don't we wish, they haven't done their jobs for decades why would they start now? Try to recall the last time a budget was passed before the start of the fiscal year, the same can be said about the few authorization and appropriations bills that are required every year.

 

[pappymac]

Don't we wish, they haven't done their jobs for decades why would they start now? Try to recall the last time a budget was passed before the start of the fiscal year, the same can be said about the few authorization and appropriations bills that are required every year.

I always thought that Congress did it's job.
But I always thought Congress's job was to cater to special interests, make under the table deals to put money in their bank accounts and lie enough to get re-elected.

 

[Hillcrest]

the blame rests entirely on an electorate, us, we vote single issue or totally uninformed about the candidates.

Local legislators ... most often ... don't have time for every bill as they are 100% focused on getting re-elected and raising campaign funds, they tend to vote based on the number of voters who have voiced approval or opposition to a particular bill... if 1200 call in and say yes and 800 call in and say no ... the bill passes. If voters new that a simple email, letter or phone call could determine the outcome of passage... more might take the time. Unfortunately they don't easily publish what is on the agenda ... you have to look for it... then notify everyone you know to send a letter or email to their legislator ... its almost a fulltime job keeping up with it. AND ... they are incompetent ... I wrote in once in opposition to a state education bill and received a thank you letter for my support of a transportation bill. ... NOT inspiring...
That's why groups of like minded people need to form coalitions that monitor and mobilize them to write in when legislation they are interested in comes up. Its a never ending battle and designed to discourage participation.

 

[jguss]

I always thought that Congress did it's job.
But I always thought Congress's job was to cater to special interests, make under the table deals to put money in their bank accounts and lie enough to get re-elected.

When you really enjoy your vocation it probably qualifies as an avocation too. I’m sure plenty of Congressmen would lie or steal even if it weren’t their profession.

 

[woodsroad]

I must disagree, no surprise of course, the blame rests entirely on an electorate, us, we vote single issue or totally uninformed about the candidates. The voters can simply be naive or, exclusively concerned with what's good for them and their wallets. Candidates understand this singularity and play to it. Voters, by and large, seem to me to be extremely gullible and are lacking, at least many of them, the willingness to put their wants after the needs of the country. Tell me you thoroughly research each candidate, each issue, and vote, not for your personal interests but, for what's best for the country as a whole. Hell, I can't say that every election.

If I thoroughly vetted each candidate, I’d be morally unable to vote.

 

[kcghost]

We are the bastard stepchild of the world. They could reverse everything before they relaxed the tobacco laws.