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The Federal Trade Commission narrowly voted Tuesday to ban nearly all noncompetes, employment agreements that typically prevent workers from joining competing businesses or launching ones of their own.
What you are talking about is colloquially called Chevron Deference. And yes, it is on the kill list after Roe, Obergefell, and I can only assume Brown v Board ffs.
Not after, before (well maybe after Roe since that’s already gone).
Chevron deference is already on the chopping block, and very well might be gone by the end of the current SCOTUS term. And nobody seems to know or care.
I wonder if they might hesitate on it. Getting rid of Chevron Deference cuts both ways. Conservative justices can shoot down agency decisions, but so can liberal justices. It only makes sense for conservatives to do it if they think they can control the justice system at every level indefinitely.
They might have been feeling that way under Trump, but they might not be feeling that way anymore, and definitely won’t if Trump misses reelection.
We are all Dred Scott on this fine day