Saturday, June 29, 2024
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The Supreme Court Just Declared War on Regulation



The Supreme Court has unleashed a Pandora’s box of judicial meddling, handing control of regulatory power to corporate interests and ideological extremists. In its latest atrocity, the court overturned the 40-year-old Chevron decision, which had maintained a delicate balance of power between regulatory agencies, judges, and experts.

This perfidious decision gives judges unchecked authority to rewrite the rules of the tech industry, ceding control to unelected and out-of-touch jurists. The Court’s willingness to substitute its own judgment for that of experts, agencies, and even Congress, is an existential threat to regulatory oversight and the democratic process.

Tech’s insatiable appetite for self-regulation has culminated in this farce, as the industry demands federal laws while actively thwarting them through lobbying. Congress, crippled by special interests, has consistently failed to deliver meaningful legislation, leaving regulators to fill the vacuum.

With this decision, every ambiguity in tech law will now be resolved by a judge with no expertise in the subject matter, creating an environment where ambiguity is fertile ground for industry lawyers to exploit and manipulate the legal system. The door is now open for Big Tech to push for even more permissive interpretations of the law, and for politicians to cede control to corporate interests.

The consequences of this judicial coup d’etat are catastrophic. As the courts increasingly substitute for regulatory agencies, we can expect chaos, cronyism, and the consolidation of power in the hands of tech giants. With the rules of the game so malleable, the industry can now redefine its own norms and standards, operating with impunity.

As the tech elite continues to beg for federal laws, its true motive is exposed: control over the definition of ambiguities that would constrain its power and behavior. With the Court’s decision, this aim is now achievable. The era of self-regulation is upon us, and we should prepare for a free-for-all where industry giants will trample regulatory obstacles and exploit regulatory ambiguities for maximum profit and power.



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