A tale of the FTC non-compete ban in two cities. In Philly, it was the best of times for agencies; in Dallas it was the worst of times. Who is right depends on which constitution applies. That of 1935, or that of the Warren/Burger courts.
#law #contracts #regulation #litigation #non-delegation #MajorQuestionsDoctrine #noncompetes
Tuesday, I’ll flee D.C.’s 90-something temperatures for the 100-something temperatures of Las Vegas–but as I’ve realized over previous trips to that desert city for the Black Hat information-security conference, it really is a dry heat.
In addition to the posts below, my Patreon readers got a recap of a very long day of travel on Thursday of the previous week that saw me returning home about 21 hours after I’d stepped off of the front porch that morning.
7/30/2024: These Are the Services Seeing the Biggest Uptick in Passkey Adoption, PCMag
What I thought would be an easy writeup of an embargoed copy of a Dashlane study about passkey adoption among users of that password manager wound up enlightening me about Facebook’s support of that authentication standard. And once again, I found Facebook’s documentation out of date and incorrect.
7/31/2024: Here’s How Microsoft Wants to Shield You From Abusive AI–With Help From Congress, PCMag
I had ambitions of attending this downtown-D.C. event Tuesday afternoon featuring Microsoft’s vice chair and president Brad Smith, but my schedule ran away from me and I watched the proceedings online. And then I didn’t finish writing this piece until Wednesday morning, although that at least let me nod to news that day of the impending introduction of a new bill targeting AI impersonations of people.
8/2/2024: Circuit Court Throws a Stop Sign in Front of FCC’s Net-Neutrality Rules, PCMag
Reading this unanimous opinion from three judges–one named by Clinton, another a Biden appointee–that the Federal Communications Commission didn’t have the authority to put broadband providers into one of two possible regulatory buckets left me feeling like I’d been taking crazy pills over the last 20 years of the net-neutrality debate, during which the FCC has repeatedly done just that.
8/3/2024: Justice Department Sues TikTok, Alleging Massive Child-Privacy Violations, PCMag
I woke up Saturday thinking that somebody at PCMag was already covering the DOJ lawsuit against TikTok, but nobody had grabbed that story. So I set aside part of that morning to read the DOJ’s complaint, get a comment out of a TikTok publicist and write this post summarizing the department’s allegations.
#AI #AIHarm #BradSmith #childPrivacy #COPPA #Dashlane #deepfakes #FacebookPasskeySupport #FCC #majorQuestionsDoctrine #Microsoft #netNeutrality #passkey #passkeys #TikTok
If this case were a post on Facebook it would be deemed "inauthentic," given its largely synthetic origins.
A little bit of money gambled against decent odds-- and a titanic payoff.
Oral arguments today.
#Chevron84
#MajorQuestionsDoctrine
https://www.seattletimes.com/business/a-little-fish-at-the-supreme-court-could-take-a-big-bite-out-of-regulatory-power/
It's too bad that just as with the US Constitution's sloppy language, the clarity of purpose for products of the US Congress often even more resembles the scribblings of drunks commemorating their thoughts on napkins, minutes before last bell.
Here, SCOTUS reading that work, playing the role of another mostly intoxicated bunch.
Congressional reply? After slipping under the bar? Doubtful.
#MajorQuestionsDoctrine
#SabinCenterForClimateChangeLawForClimateChangeLaw
If you didn’t think #Coinbase was evil enough, they are arguing the SEC has no jurisdiction #SEC V Binance because of…the #MajorQuestionsDoctrine.
I guess it makes sense that a company founded on bullshit would use a fictional legal doctrine invented by #Federalist toadies in its defense.
Looks to me #Biden 's attempt to build #thewall by waiving 26 federal laws violates the #MajorQuestionsDoctrine
#Republican federal “judge” blocks executive order to require federal contractors to pay a $15/hour #minimumwage.
President #Biden’s administration will appeal.
The radical reactionary Republican “judge” used an extremist legal theory in his ruling called #majorquestionsdoctrine which basically eliminates the ability of government to make any significant rules.
#uspol #uspoli #uspolitics #politics #politicaleconomy #extremism #minwage #economics
How the Supreme Court put itself in charge of the executive branch
#SupremeCourt #ExecutiveBranch #MajorQuestionsDoctrine #Nebraska #Biden #StudentLoans #Politics #News
Ripple (XRP) und das Urteil: SEC-Berufung laut Haun Ventures-CEO unwahrscheinlich https://de.cointelegraph.com/news/sec-appeal-ripple-xrp-case-unlikely-current-confusion #MajorQuestionsDoctrine #InstitutionalSales #SecondaryMarket #CynthiaLummis #BrianQuintenz #AnalisaTorres #JeremyHogan #KatieHaun #Lawsuit #Ripple
@Pwnallthethings Supreme Court Republicans would probably strike it down for violating the #MajorQuestionsDoctrine
Democrats should sue in federal to block any #Fed interest rate hike for violation of the #MajorQuestionsDoctrine
Republican judges are planning to overrule precedents on #FDA authority over #mifepristone and every type of FDA authority. This is in keeping with their view that they now control the Supreme Court and Biden is a Democrat, the #Majorquestionsdoctrine requires Republican judges are the last word on all policies from the executive branch. #abortion
@w7voa
“the FDIC has the legal means under the “systemic risk exception” of the Federal Deposit Insurance Corporation Improvement Act to intervene.”
Doesn’t the “systemic risk exception” provision violate the #majorquestionsdoctrine?
The US Supreme Court started pulling out a "doctrine" that few of us had heard of to tear down regulations on CO2 emissions by power plants.
This is something of a political history of that doctrine.
Why is the Biden people arguing the made up #MajorQuestionsDoctrine (MQD) only applies to regulatory authority and not spending like in the #StudentLoan case? Because MQD was made up in the context of limiting Chevron deference, a principle used in regulations. But the student loan case doesn't involve Chevron deference at all.
A 2003 federal law called the Higher Education Relief Opportunities for Students Act, or #HEROES Act, allows student loan debt relief during wartime or national #emergencies.
Biden relied upon the HEROES Act when he unveiled plans to #cancel up to $10,000 in #federal #student #debt for Americans making under $125,000 and $20,000 for recipients of Pell grants awarded to students from lower-income families.
The program drew swift legal challenges. Two lawsuits - one by six conservative-leaning states and the other by two student loan borrowers who opposed the plan's eligibility requirements - prompted lower courts to block it.
In the case brought by individual borrowers, Texas-based U.S. District Judge Mark Pittman, a Trump appointee, in November found the plan violated the #MajorQuestionsDoctrine - a ruling that the New Orleans-based 5th U.S. Circuit Court of Appeals declined to put on hold pending appeal.
The major questions doctrine gives judges broad discretion to invalidate executive agency actions unless Congress clearly authorized them in legislation.
The justices used the doctrine since Biden took office in 2021 to #block the U.S. Centers for Disease Control and Prevention from extending eviction protections for cash-strapped residential renters, #stymie his COVID-19 vaccination-or-testing mandate for large businesses and #restrict the Environmental Protection Agency's power to regulate carbon emissions from power plants.
When a majority of the #SupremeCourt disagrees with a regulation pushed out by a federal agency, the Court has given itself the power to veto that regulation — and it will do so by invoking something known as the #MajorQuestionsDoctrine.
Under this doctrine, the Court explained in a 2014 opinion, “we expect Congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance.’”
Thus, if a majority of the Court deems a regulation to be too significant, it will strike it down unless Congress very explicitly authorized that particular regulation.
***This doctrine comes from nowhere. ***
Last June, the Court said that abortion is unprotected by the Constitution — leaning heavily on the fact that abortion is not mentioned in the Constitution. But the the major questions doctrine is also mentioned nowhere in the Constitution. Nor can it be found in any statute. The justices made it up. And, at least during President Joe Biden’s administration, the Court has wielded it quite aggressively to veto regulations that the Court’s conservative majority finds objectionable.
