Comment on The US Supreme Court Kneecapped US Cyber Strategy
possiblylinux127@lemmy.zip 2 months ago
They keep the power in check. We don’t need the executive branch to get any more power. They are way to powerful as it is.
Comment on The US Supreme Court Kneecapped US Cyber Strategy
possiblylinux127@lemmy.zip 2 months ago
They keep the power in check. We don’t need the executive branch to get any more power. They are way to powerful as it is.
BrikoX@lemmy.zip 2 months ago
So you prefer that judges make scientific data based decisions without any expertise? Before this, designated agencies who employed subject experts were able to make decisions where law created by Congress was ambiguous, since it’s impossible to define every single edge case. Now judges are the ones that have to evaluate it. You thought courts were slow now? Imagine, you want to add something to a list of dangerous substances, judge has to evaluate it now and decide it not a person who has a degree and expertise. We will see courts flooder with administrative issues, since they removed that authority from the agencies and gave it to themselves. It will be an epic shitshow.
I’m really curious why you think this is good.
NotMyOldRedditName@lemmy.world 2 months ago
FDA: Your honor, chemical xyz is dangerous and should be added to the list it causes people’s teeth to fall out.
Pharma: is losing all your teeth really all that dangerous? We have implants and dentures.
Judge with dentures: I live just fine, DRUG APPROVED!
possiblylinux127@lemmy.zip 2 months ago
The courts aren’t suppose to do everything. The entire point is to divide up the power and control. The courts can interpret but classification of dangerous substances is out of scope.
BrikoX@lemmy.zip 2 months ago
That’s my point. But this decision switches that responsibility to judges now. Unless the substance is defined in the law written by Congress, the authority to add new substances to the list now falls on the courts, not agencies. Well not by default, but if any of the companies that produces or uses the substance sues the agency to prevent it, the arbiter of that will be the judge, and it will be decided as a matter of law, not as a matter of scientific data. Data is now not part of the evaluation. And we know from history that they will sue, because that happened every single time so far.
possiblylinux127@lemmy.zip 2 months ago
Congress makes laws not the courts. The court can’t just ban something like a drug. They can do things like decide the limits of free speech but actual law making falls to congress. The executive branch approves the bills so they become laws and has the responsibility of enforcement.