The downfall of Chevron deference could completely change the ways courts review net neutrality, according to Bloomberg Intelligence’s Matt Schettenhelm. “The FCC’s 2024 effort to reinstitute federal broadband regulation is the latest chapter in a long-running regulatory saga, yet we think the demise of deference will change its course in a fundamental way,” he wrote in a recent report. “This time, we don’t expect the FCC to prevail in court as it did in 2016.” Schettenhelm estimated an 80 percent chance of the FCC’s newest net neutrality order being blocked or overturned in the absence of Chevron deference.

Federal Trade Commission Chair Lina Khan has made no secret of her ambitions to use the agency’s authority to take bold action to restore competition to digital markets and protect consumers. But with Chevron being overturned amid a broader movement undermining agency authority without clear direction from Congress, Schettenhelm said, “it’s about the worst possible time for the FTC to be claiming novel rulemaking power to address unfair competition issues in a way that it never has before.”

Khan’s methods have drawn intense criticism from the business community, most recently with the agency’s labor-friendly rulemaking banning noncompete agreements in employment contracts. That action relies on the FTC’s interpretation of its authority to allow it to take action in this area — the kind of thing that brings up questions about agency deference.

    • ulkesh@lemmy.world
      link
      fedilink
      English
      arrow-up
      58
      ·
      4 months ago

      It’s called Congress. Too bad they are made up of spineless, greedy pieces of shit to do anything about any of this.

      • fukurthumz420@lemmy.world
        link
        fedilink
        English
        arrow-up
        13
        arrow-down
        7
        ·
        4 months ago

        the american people are just as spineless. anybody could open up a few seats. all it takes is a little patience and planning. those of you waiting on a corrupt system to fix itself are the biggest dipshits on the planet.

          • rozodru@lemmy.world
            link
            fedilink
            English
            arrow-up
            1
            arrow-down
            4
            ·
            edit-2
            4 months ago

            mass protests, riots, a god damn revolution. But Americans are pansies and won’t do that. The common excuse of “but I have bills to pay, I have a job to go to, I can’t go riot/protest/revolt”

            Cause I’m sure all the people who have taken part in all the successful revolutions in all of history their first concern was “but I gotta pay my rent”. It’s a death by a thousand cuts. the powers that be KNOW americans are pissed off and they also KNOW americans won’t do anything about it, by design. all it takes is a revolution, but Americans won’t do that, they’re too afraid.