It used to be "Agencies have expertise in those areas; courts do not"

"Elena Kagan issued a devastating dissent to the decision of her hard-right fellow supreme court justices to overturn the Chevron doctrine that has been a cornerstone of federal regulation for 40 years, accusing the majority of turning itself into “the country’s administrative czar”.

Kagan was joined by her two fellow liberal-leaning justices, Sonia Sotomayor and Ketanji Brown Jackson, in delivering a withering criticism of the actions of the ultra-right supermajority that was created by Donald Trump. Such caustic missives have become commonplace from the three outnumbered liberals, with each carefully crafted dissent sounding more incensed and despairing than the last.

In a speech at Harvard last month, Sotomayor revealed that after some of the supreme court’s recent decisions she has gone back to her office, closed the door and cried.

“There have been those days, and there are likely to be more,” she said."

Continue reading the article (subscription may be required) ->

https://www.theguardian.com/us-news/article/2024/jun/28/supreme-court-chevron-ruling-dissent

Link to the Supreme Court decision with majority and minority opinions ->

https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf

It used to be "Agencies have expertise in those areas; courts do not"

Supreme court hears key case that could strangle power of US federal agencies | US news | The Guardian

"The US supreme court heard arguments on Wednesday in a dispute involving a government-run program to monitor for overfishing of herring off New England’s coast that gives its conservative majority a chance to further limit the regulatory powers of federal agencies.

The justices are weighing appeals by two fishing companies of lower court rulings allowing the National Marine Fisheries Service to require commercial fishermen to help fund the program. The companies – led by New Jersey-based Loper Bright Enterprises and Rhode Island-based Relentless – have argued that Congress did not authorize the agency, part of the commerce department, to establish the program.

Arguments were ongoing.

The companies have asked the court, with its 6-3 conservative majority, to rein in or overturn a precedent established in 1984 that calls for judges to defer to federal agency interpretation of US laws deemed to be ambiguous, a doctrine called “Chevron deference”.

Continue reading the Guardian article -> (subscription maybe required)

https://www.theguardian.com/us-news/2024/jan/17/supreme-court-overfishing-case-chevron-deference

What is the "Chevron deference"?  Resources:

• Harvard: https://news.harvard.edu/gazette/story/2024/01/chevron-deference-faces-existential-test/
• Cornell: https://www.law.cornell.edu/wex/chevron_deference
• Ballotpedia: https://ballotpedia.org/Chevron_deference_(doctrine)
• Wikipedia: https://en.wikipedia.org/wiki/Chevron_U.S.A.,_Inc._v._Natural_Resources_Defense_Council,_Inc.

The supreme court has signaled skepticism toward expansive regulatory power. Photograph: Jim Lo Scalzo/EPA

First Monday, gas pipeline expansion, bikes & batteries are covered in this Making Sense of Climate episode #33 (audio)

FM #1072 = This is the Franklin Matters radio show, number 1072 in the series. 

This session of the radio show shares my conversation with Ted McIntyre, Franklin resident and climate activist via the Zoom conference bridge Monday, October 2, 2023.  

In this episode we cover the following topics

• First Monday in October

• Gas pipeline expansion

• Bikes and batteries

Links to the articles we talk of are collected below.   

This discussion continues our journey understanding the MA roadmap toward net zero and while it helps me “make sense of climate”, we hope it helps with your understanding as well. 

If you have climate questions or Franklin specific climate questions, send them in and we’ll try to answer them in a future session.  

The conversation runs about 49 minutes. Let’s listen to my conversation with Ted as we help ‘make sense of climate.’ Audio file -> https://franklin-ma-matters.captivate.fm/episode/fm-1072-making-sense-of-climate-33-10-02-23

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Links to articles referenced:

First Monday.in October…SCOTUS may rule on Chevron Deference… Thomas is bought?

https://www.propublica.org/article/clarence-thomas-secretly-attended-koch-brothers-donor-events-scotus

I hope to get these guys on a podcast, but we can tease the topic.

https://www.bostonglobe.com/2023/09/29/opinion/hanscom-airport-jet-expansion-massport/

Gas Pipeline expansion… 11/2029…goes very close to Franklin

https://www.wbur.org/news/2023/09/22/enbridge-weymouth-compressor-natural-gas-fossil-fuel-climate-change-pipeline-expansion

Wasser on podcast

https://www.wbur.org/the-common/2023/09/28/enbridge-pipeline-expansion-natural-gas-ferc

Franklin Matters archives have quite a few references to the Atlantic Bridge project

https://www.franklinmatters.org/search?q=atlantic+bridge 

Bikes and batteries

https://www.euronews.com/next/2023/09/20/this-french-company-has-designed-the-first-e-bike-that-doesnt-need-a-battery

Role of batteries is growing..

https://www.canarymedia.com/articles/energy-storage/grid-batteries-have-never-been-more-abundant-or-more-useful

** See the page that collects all the “Making Sense of Climate” episodes -> https://www.franklinmatters.org/2022/02/making-sense-of-climate-collection.html 

--------------

We are now producing this in collaboration with Franklin.TV and Franklin Public Radio (wfpr.fm) or 102.9 on the Franklin area radio dial.  

This podcast is my public service effort for Franklin but we can't do it alone. We can always use your help.

How can you help?

• If you can use the information that you find here, please tell your friends and neighbors

• If you don't like something here, please let me know

Through this feedback loop we can continue to make improvements. I thank you for listening.

For additional information, please visit www.franklin.news/ or  www.Franklinmatters.org/ 

If you have questions or comments you can reach me directly at shersteve @ gmail dot com

The music for the intro and exit was provided by Michael Clark and the group "East of Shirley". The piece is titled "Ernesto, manana"  c. Michael Clark & Tintype Tunes, 2008 and used with their permission.

I hope you enjoy!

------------------

You can also subscribe and listen to Franklin Matters audio on iTunes or your favorite podcast app; search in "podcasts" for "Franklin Matters"

First Monday, gas pipeline expansion, bikes & batteries are covered in this Making Sense of Climate episode #33 (audio)

More Perfect Union - wfpr.fm: 85 - The Supreme Court, Ethics, and Independence Day

In this episode, the group sits down to discuss the recent decisions made by the Supreme Court in the past weeks, whether these decisions are ethical or not, what it means for the future of America, and how this ties into Independence Day as well as Juneteenth. 

Audio file -> https://more-perfect-union.captivate.fm/episode/85-the-supreme-court-ethics-and-independence-day

wfpr.fm: A More Perfect Union (audio)

More Perfect Union - WFPR

Discussing American Politics and Current Events

Peter Fasciano, Dr. Michael Walker Jones, Dr. Natalia Linos, Jeff Roy, Chris Woolf and Nick Remissong host a round table discussion on current events and American politics, bringing about thoughtful conversation, compelling discourse, and a look at what the future might hold for the United States.

Find all the More Perfect Union episodes online -> https://more-perfect-union.captivate.fm/episodes  or subscribe with your favorite podcast app

More Perfect Union - wfpr.fm: 80 - The Supreme Court, Ethics, Trial Against Trump and Justice

In this episode, the group sits down to discuss a smorgasboard of topics on the Supreme Court and its role in US politics, Ethics, the ongoing trial against former president Donald Trump and the U.S. Justice system.

Audio file -> https://player.captivate.fm/episode/4cbe82e8-3f8c-4d33-b140-1b2d32e02bf9

wfpr.fm: A More Perfect Union (audio)

More Perfect Union - WFPR

Discussing American Politics and Current Events

Peter Fasciano, Dr. Michael Walker Jones, Dr. Natalia Linos, Jeff Roy, Chris Woolf and Nick Remissong host a round table discussion on current events and American politics, bringing about thoughtful conversation, compelling discourse, and a look at what the future might hold for the United States.

Find all the More Perfect Union episodes online -> https://more-perfect-union.captivate.fm/episodes  or subscribe with your favorite podcast app

Follow up on Supreme Court report "What Went Unsaid in the Chief Justice’s Report on the Judiciary"

 

“A judicial system cannot and should not live in fear,” Chief Justice Roberts added as he thanked Congress for passing a law last year to protect judges. The new law was named in honor of Daniel Anderl, the son of Judge Esther Salas of the U.S. District Court of New Jersey, who was murdered in 2020 in an assault meant for the judge at her home. The law screens from the public the personal information of federal judges and their families, including identifiers such as license plate numbers and addresses. Leaders like the chief justice deserve praise when they highlight the dangers all public officials now face.

Focusing on the Brown decision was nonetheless surprising. After all, the court appears poised to reverse a decision upholding affirmative action in school admissions, one of the very remedies that the Brown decision spawned, and which all nine members of the court stood squarely behind in 1954 and reaffirmed in a subsequent case in 1958.

In past years, the chief justice sometimes used his year-end report to describe substantive reforms in the federal courts, like the task force created in 2018 in response to allegations that federal judges had harassed their staffs sexually and in other ways. Not so in his latest report, which was four pages long with a five-page appendix. Chief Justice Roberts did not mention any of the many issues that made the news about the court last year — the lack of an effective recusal requirement for justices whose actions or those of family members raise questions about impartiality, the leak of a draft of the court’s decision overturning abortion rights, the insufficiency of financial disclosure and questions about fund-raising for the Supreme Court Historical Society."

Continue reading the article in the New York Times (subscription may be required)

https://www.nytimes.com/2023/01/07/opinion/supreme-court-chief-justice-report.html

The original article linking to the report itself ->

https://www.franklinmatters.org/2023/01/chief-justices-year-end-reports-on.html

J. Scott Applewhite/Associated Press

Chief Justice's Year-End Reports on the Federal Judiciary

"It was one of the most controversial terms in Supreme Court history, with the shocking leak of a draft opinion that eventually overturned a half century of abortion rights, public polls that showed record disapproval of the court’s work and biting dissension among the justices themselves about the court’s legitimacy.

But Chief Justice John G. Roberts Jr. chose not to address those or any other controversies in his annual “Year-end Report on the Federal Judiciary,” issued Saturday. Instead, he focused on a high mark of the judiciary’s past — a federal district judge’s efforts to implement school desegregation at Little Rock’s Central High School after the Supreme Court’s landmark 1954 decision in Brown v. Board of Education.

“The law requires every judge to swear an oath to perform his or her work without fear or favor, but we must support judges by ensuring their safety,” Roberts wrote in his nine-page report. “A judicial system cannot and should not live in fear. The events of Little Rock teach about the importance of rule by law instead of by mob.”

Continue reading the article online at the Washington Post ->

https://www.washingtonpost.com/politics/2022/12/31/supreme-court-roberts-leak-report/

The year end report for 2022 -> https://www.supremecourt.gov/publicinfo/year-end/2022year-endreport.pdf

Prior year end reports can be found online ->    https://www.supremecourt.gov/publicinfo/year-end/year-endreports.aspx

 

https://www.supremecourt.gov/

More Perfect Union: 055 - A History of U.S. Civil Rights and John M Harlan with Author Peter Canellos (Part 2)

In this episode, the group sits down with award-winning writer, author and former Boston Globe Editor Peter Canellos, to speak about his book 'The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero', a look at the U.S.'s history of civil rights, how John Marshall shaped the political and economic landscape at the turn of the century and the ties that has to today.

This conversation is part one in a two-part conversation with Peter Canellos.

If you'd like to learn more about Peter Canellos, his book 'The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero', or Peter's other works, you can visit his website here:  https://peterscanellos.com/

Audio file ->   https://more-perfect-union.captivate.fm/episode/055-a-history-of-u-s-civil-rights-and-john-marshall-with-author-peter-canellos-part-2

Franklin.TV: A More Perfect Union (audio)

More Perfect Union: 055 - A History of U.S. Civil Rights and John Marshall with Author Peter Canellos (Part 1)

In this episode, the group sits down with award-winning writer, author and former Boston Globe Editor Peter Canellos, to speak about his book 'The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero', a look at the U.S.'s history of civil rights, how John Marshall shaped the political and economic landscape at the turn of the century and the ties that has to today.

This conversation is part one in a two-part conversation with Peter Canellos.

If you'd like to learn more about Peter Canellos, his book 'The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero', or Peter's other works, you can visit his website here:  https://peterscanellos.com/

Audio file -> https://more-perfect-union.captivate.fm/episode/055-a-history-of-u-s-civil-rights-and-john-marshall-with-author-peter-canellos-part-1

Franklin.TV: A More Perfect Union (audio)

More Perfect Union: 054 - The Roe v. Wade Decision (audio)

In this episode, the group sits down with Dr. Britney Butler and Mass State Senator Rebecca Rausch to discuss the recent Supreme Court ruling reversing Roe v. Wade; what this means for Americans, who and where will be affected by this, what we can do now and what the future holds for us.

Audio link -> https://more-perfect-union.captivate.fm/episode/054-the-roe-v-wade-decision

More Perfect Union:  054 - The Roe v. Wade Decision (audio)

Standout in Franklin Tuesday, 5 - 6 PM

Hi everybody,
 
It may seem that the horse is out of the barn, but we still ought to stand out to protest our courts having been packed.  There are more horses, and this is definitely a get-out-the-vote issue.
 
I propose Tuesday, June 28, 2022 from 5:00 to 6:00 PM at the Stop and Shop intersection (Franklin Village Plaza).  

Make big, simple, readable signs.  I have plenty of sign mounts.
 
Best,
 
Colin Cass

Senate President Spilka & Senator Rausch Respond Roe vs. Wade decision

Please find a statement from Senate President Karen E. Spilka (D-Ashland):

 

"Today is an extremely dark day for America, as we face what can only be called a ‘nightmare scenario’ for women and those who can get pregnant across this nation. It is important to stress that abortion remains and will remain legal in Massachusetts. This fundamental right to health care is here to stay in the Commonwealth, and I will fight every day to strengthen and protect it.

 

In its Fiscal Year 2023 budget, the Senate included language protecting access to reproductive health care, and today, Governor Baker issued an Executive Order which aligns very closely with this language. There is increased urgency to codify these provisions so that we can ensure the safety and continued protections of our residents. I remain grateful that the Commonwealth stands united to safeguard these protections."

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SENATOR RAUSCH STATEMENT ON DOBBS V. JACKSON RULING

"The Dobbs v. Jackson decision is a disaster of epic proportions that deeply stains our nation's history and jurisprudence. It erases decades of progress on reproductive justice and paves a clear path for dismantling droves of basic civil rights interpreted into the Constitution, including contraception, marriage equality, consensual private sex, forced sterilization, and more, and destroying access to massive swaths of reproductive health care, including not only abortion but also birth control, assisted reproductive technology, and miscarriage treatment. State legislatures, including Massachusetts, must act immediately to enact laws that preserve these rights. Absent robust state action, families will be torn apart, and pregnant and birthing people will die in numbers not seen in half a century.

Abortion is still legal in Massachusetts because of actions my colleagues and I took, together with organizational and grassroots advocates, in anticipation of this solemn day. But the work is far from over. We must ensure abortions are accessible to all who seek them in Massachusetts by vesting reproductive rights in people whose bodies and lives are on the line, ensuring reproductive care is provided regardless of who might be on call in an emergency room, and clearing away restrictions and roadblocks with no basis in medicine like excessive costs and provider deserts. Further, we must do everything we can within the confines of the Constitution, even as the Court tosses its language and precedent aside, to protect people from other states' egregious anti-abortion laws, both civil and criminal.

The Court today engages in drastic, unprecedented judicial activism that moves this country decades back in time. State governments are our last line of defense, and I will forever and always be a champion in this critical fight for our fundamental rights."

MA Legislators statements

Dan Rather: Echo Chamber of Extremism

A legitimacy in tatters  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

	Open in browser Thank you for joining the Steady community. A gentle reminder that paid subscribers help fund our effort, allowing us to produce more content freely available to all. Subscribe now Echo Chamber of Extremism A legitimacy in tatters Dan Rather and Elliot Kirschner Jun 24 Photo: Douglas Rissing A day at the Supreme Court that shakes America to its core. What to say that hasn't been said but needs to be said again, and again, and again: This is not a court of humble jurists who are bound in any way by fidelity to precedent, the law, or common sense. There is nothing "conservative" about these damaging decisions, or the men and woman who have imposed their extreme views upon the American populace.  Right-wing politicians decry "elitism," but what is more elitist than unelected and unaccountable activists using the language of legal argumentation as a fig leaf for their naked exercise of power? There is no way that these decisions would pass a vote of the American public. Indeed, a majority of the justices were installed by presidents who lost the popular vote. And the polling on the issues these rulings tear asunder suggests that what these justices are doing is unpopular — in many cases, very unpopular. But they sneer from their echo chamber of extremism. They are emboldened by a system that has been fixed, with the complicity of Mitch McConnell and others, to advantage minority viewpoints by leveraging a branch of government not designed to be a political actors' stage in order to circumvent the legislative and executive branches. Where to begin, and where will it end? The Supreme Court has further cemented its role as a reactionary force in American life. Today it was abortion, on top of recent decisions on gun regulations, public funding for religious schools, and Miranda rights. Soon they will likely gut environmental regulations, and we can guess at what comes next — gay marriage? Contraception?  We can't let this moment pass without recognizing what a horrific decision today's is, and how it will relegate women to second-class status in decision-making over their own bodies. This will lead to a host of suffering and likely death. It will imprison women where control will be imposed by the state. It is the opposite of freedom. It is a right that existed — and still should.  The Supreme Court depends on its legitimacy, and today that is as tattered as the constitutional rights on which it has trampled. The Roberts court will be marked as a cabal of intemperance that made America far less safe and far less free. It will be noted for its zealotry and its cynical embrace of the ends justifying the means.  But as with all chapters of history, how our present is ultimately viewed depends on what comes next. Will these rulings lead to outrage-fueled activism that upends the political system, or apathy and defeatism? Will the majority mobilize? Will there be reforms? Will there be a recalibration of the current balance of power?  One of the few things I have learned with any certainty over the course of my life is not to attempt to predict the future. I have seen unimaginable change come about. I have seen long odds overcome.  I leave you today with the words of Sherrilyn Ifill, civil rights lawyer and president and director-counsel emeritus of the NAACP Legal Defense and Educational Fund. She has experienced the fight from the trenches of justice, and her perspective mirrors my own. I could not have expressed it better.  Sherrilyn Ifill @Sifill_LDF Remember that we have never seen the America we've been fighting for. So no need to be nostalgic. Right on the other side of this unraveling is opportunity. If we keep fighting no matter what, take care of ourselves & each other, stay strategic & principled, & use all our power. June 24th 2022 5,132 Retweets20,393 Likes Subscribe now Share Leave a comment Like Comment Share You're on the free list for Steady. For those who are able, please consider becoming a paying subscriber to support our efforts. Subscribe now © 2022 Dan Rather 548 Market Street PMB 72296, San Francisco, CA 94104