Eskie, I'd say repeal of those ambiguous delegations by legislatures enabling FDA and others' interpretive jurisdiction. And I know what will be said…impractical, improbable, impossible. Is that so actually? That we insist our government adhere to its lawful obligation? Or the fantasy of reigning in a moving target of infinitely expanding regulatory interest and authority that much better?
So, we should learn to like what we have. Easy enough. We've been losing that undeclared war on our individual sovereignty for two centuries. And my problem with all this is that legislators insist we abide by our laws, while they don't. What happened with congressional review of the deeming? They failed us.
The crafter's definition of regulation was never to my understanding intended to be as one of ownership, control or design but a balancing of interests and rights. Maybe we roll it back some to begin there in principle.
But suspend the doctrine of original intent in the law or negate it by legislative [or judicial] concession to agency and what remains is the illusion of self-government.
Good luck.
So how to we drum up support for an issue which can get rather complicated, pretty fast? With precedents on top of precedents. With not everybody being oriented towards US history (or have forgotten much by now).
I've read some things where they were saying Auer is on life support anyways, but I'm not sure if the same is said for Chevron.
(Also, for the uninitiated (or understandably worn down): Chevron seems to deal with an Agency being able to
create their own ambiguous rules, while Auer deals with them being able to
interpret their own ambiguous rules. And IMO, how does being able to do both make any
sense? And remember - all with little to NO input from the public!)
In that Wiki article, it said "" Justice
Antonin Scalia, who wrote the majority opinion for
Auer, later stated his regret for writing that decision, calling it
"one of the worst opinions in the history of this country" "" - who was right-wing. However, I also read that even right-wing Justice Roberts voted to keep Auer for now.
One thing I'm curious about is if CASAA has looked at this pickle were in, and how to educate people about it, if so? Cause it would seem that this would strike at the very heart of them even being able to do these deeming regs, and have further reaching implications than just our own selfish interests (while at the same time very much including our own selfish interests).
(And yeah, I've been fighting Agency garbage longer than you whippersnapper vapers be vapin'.
Still got fight in me. Not much
energy anymore -- but still a bit of
fight.
)