Will the SCOTUS Chevron Decision Affect FDA Tobacco Rulemaking?

[ClinchKnot]

I suspect that the reversal of Chevron will simply lead to more government dysfunction. Without clear statutory guidance built into regulations, and without the deference to the alphabet agencies in interpretation of regulations, interest groups will keep all the agencies swamped with intractable lawsuits questioning every single thing they do. Good or bad depending on if you like that function of government.

When it comes to tobacco legislation, governmental aims all seem geared to recapturing revenue, with a public health argument just slapped on top loosely.

 

[Hillcrest]

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

Its ok ...most of the candidates are morally unable to hold office so it balances out.

 

[sablebrush52]

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.

Bingo! People really don't pay much attention to the history of the candidates on whom they vote. The majority of the population say get their "news" from antisocial media, an ecosystem of faceless anonymous voices, only some of them human, who put out stories they claim as true without offering evidence, or they follow what their friends and/or family tell them to do, many of them influenced by these same anonymous "influencers". It's the rare bird that takes time to independently sift through records to see that candidate's actual track record. Most people seem to be profoundly ignorant regarding cause and effect, so people get the government that they deserve, to paraphrase Thomas Jefferson.
I've been as guilty of this civic dereliction as anyone. But I did finally get disgusted with myself for taking the right and opportunity to vote as indifferently as I did, and now actually research the candidates' track records, which isn't all that difficult to do once you start looking. It does take a few evenings, certainly a lot less time that I spent watching programming before voting on the EMMYs.

 

[AJL67]

Long and short, the non-elected bureaucrats can't just make up laws, charge companies fees and fine them as they go. There you you go, one sentence,

 

[estate_cob]

Chevron deference was the practice of courts deferring to administrative agencies' interpretation of statutes. So the way to answer the question would seem to be to ask: which tobacco regulations depend on contentious interpretation of statutes; and, of those, which would courts be most likely to hold that tobacco regulation falls outside the scope of the law?

It seems that a lot of tobacco control is pretty popular, and that legislatures would be glad to write statutes that empower agencies to implement sweeping rules.

 

[jbfrady]

Most people seem to be profoundly ignorant regarding cause and effect, so people get the government that they deserve, to paraphrase Thomas Jefferson.

The dark irony is that there's never been a democratic system in which voters were both diligent and informed, as the very power structure of democracy makes misinformation more valuable than information. Jefferson himself was a master of this, as he used government funds while secretary of state to create anti-Washington media, and he also paid to have it delivered to Washington daily. In any democracy, manipulation of the public has been an original sin and a potent tool. And, as Robert A. Heinlein once said, the problem with democracy is that it's always forced on 60% of the people.

I'm not saying that we, the electorate, hold no sway. Indeed we do. But at the same rate, no single bull has much say in where the stampede's headed. In quantum terms, it's the particle vs. wave conundrum.

 

[sablebrush52]

The dark irony is that there's never been a democratic system in which voters were both diligent and informed, as the very power structure of democracy makes misinformation more valuable than information. Jefferson himself was a master of this, as he used government funds while secretary of state to create anti-Washington media, and he also paid to have it delivered to Washington daily. In any democracy, manipulation of the public has been an original sin and a potent tool. And, as Robert A. Heinlein once said, the problem with democracy is that it's always forced on 60% of the people.

I'm not saying that we, the electorate, hold no sway. Indeed we do. But at the same rate, no single bull has much say in where the stampede's headed. In quantum terms, it's the particle vs. wave conundrum.

To quote WInston Churchill: Democracy is the worst form of Government except for all those other forms that have been tried from time to time.

In general, people aren't really going to get involved with what feels like a distant concern, until that distant concern affects them directly in a really terrible way.

 

[jbfrady]

To quote WInston Churchill: Democracy is the worst form of Government except for all those other forms that have been tried from time to time.

In general, people aren't really going to get involved with what feels like a distant concern, until that distant concern affects them directly in a really terrible way.

He was 50 shades of correct. And when the populace does get concerned, the powers-that-be swoop in and employ a distraction. Usually in the form of xenophobia or the like.

 

[sablebrush52]

He was 50 shades of correct. And when the populace does get concerned, the powers-that-be swoop in and employ a distraction. Usually in the form of xenophobia or the like.

Fearmongering is a time tested method of population control.

 

[jbfrady]

Fearmongering is a time tested method of population control.

Yup. Most societies, past and present, democratic or otherwise, could attest to that.

 

[AJL67]

We are not a Democracy and if you think you are you should sue your school system.

 

[jpberg]

I love hearing about the problems of a free society.

 

[Worknman]

Does this mean we won't have unelected beaurocrats essentially writing laws that govern the populace? Special interests will have to do it the old fashioned way by buying votes from congress.

 

[warren]

old fashioned way by buying votes from congress.

That's a wee bit simplistic. Congress puts out large amounts of money to various business sectors and special interest groups with the understanding that a substantial amount of the tax payers' moneys will be returned as "campaign donations". It's simply a pass-through of public moneys, collected taxes, issued and then a percentage "looped" back to the politicians. Special interests groups use their tax deductible donations in other ways which promote/benefit their interests, news letters, ads and so forth. There is nothing insidious or illegal about this. Immoral maybe, depending on whether you disagree with it or not.

 

[condorlover1]

Ironically, only the day before the Chevron decision was handed down, Neil Gorsuch obliged Kagan by illustrating the point she made about expertise. In the majority opinion for Ohio et. al. v. Environmental Protection Agency et. al., he referred five times to “nitrous oxide,” which is better known as “laughing gas,” the dentist’s friend. He intended to refer to “nitrogen oxide,” an air pollutant. Journalists, cable television hosts, and social media posters pounced on his mistake; the opinion was corrected a few hours later. However, the error showed that he was clearly not a subject matter expert.

The next few years will be interesting.

 

[renfield]

Keeping the power to legislate within the legislature and the power to decide points of law within the judiciary is the short version of what killing Chevron deference does.

 

[brian64]

Keeping the power to legislate within the legislature and the power to decide points of law within the judiciary is the short version of what killing Chevron deference does.

I have complete faith in the legislative branch to abdicate its responsibilities again as soon as possible.

 

[Richmond B. Funkenhouser]

I have complete faith in the legislative branch to abdicate its responsibilities again as soon as possible.

That's what I was thinking as soon as I heard about the ruling.

They'll find a way to get out of this mess.

 

[condorlover1]

The absence of Chevron means your local representative might have to devote more time to his day job as opposed to raising money, sucking up to special interests etc. When this country was set up the dudes in the Senate and Congress were all farmers and planters and they sat long enough to deal with whatever government business needed dealing with and then went home to their farms. Everything else was done on a state level. Maybe I am missing something here but that seemed like an 'OK' system to my mind.

 

[Briar Lee]

When America was totally free market capitalism Heroin was a registered brand name and marketed as the Sedative for Coughs and used in Baby Soothing Syrup (for which it no doubt was effective).

Neil Armstrong walked on the moon, and there was no Environmental Protection Agency or Clean Water Act yet.

Americans want to keep every constitutional right they imagine they have as individuals but the there ought to be a law against the other guy from fighting roosters or whatever, he doesn’t do himself.

I can buy a bump stock for my AR-15 again. Yippee!

Slide Fire SSAR-15 Bump Fire Stock - Right Hand Model - AB227

I think I’m going to lay up about a hundred pounds of Bouy Gold, for around a thousand dollars.

Or maybe make it two hundred.

Congress can’t effectively regulate tobacco now.

But they can still tax it, and I can see it coming.