Technology

This court is absolutely raring to go on major questions. In the past, when Congress left things wide open, the High Court usually gave deference to the agency to handle the details. Examples are things like:

• Congress: "Protect endangered animals" - Executive: "I've created a list of what I think is endangered."
• Congress: "Build a highway between Chicago and the Mexican border in Texas" - Executive: "I've come up with a way to string already existing roads and upgrade them to create this road."
• Congress: "Ensure that companies pay the full cost of environmental damage" - Executive: "I'll will bill them for CO₂ released into the air"

Congress doesn't list in massive detail every single possible permutation that's possible in law. That would create thousand page laws. But as EPA vs WV has shown us, the Supreme Court wants incredible detail. So we get the over 300 pages of new law that indicate six gases, fifteen different levels of municipality, and over ten thousand different industries plus all the various ways those three things interact with each other, to address what was "missing" from the original grant of authority for the EPA.

And the thing is, Republicans will bemoan these large tomes of text, saying "how can we know what's in it?" That's them breaks. If the Supreme Court say "a government agency can not do XYZ because it doesn't say XYZ in the law" then that means we have to be very detailed about what's in the law. That's how we get thousands of pages per law. That's kind of the reason why prior Courts didn't harp on this stuff. The President changes every four to eight years, regulation can change at that rate too. Law change very infrequently. So that whole EPA vs WV result, CO₂ regulation was something that basically bounced every time we swapped parties, NOW it's in law and it's going to be there for decades.

The ISPs are getting ready to shoot themselves in the foot here. Because if NN is enshrined in law, NN is here to stay. As long as it's a regulatory process, it can change President to President. But push come to shove, if Congress really wants to, they can enshrine Net Neutrality into law. And it only took the Democratically led Congress in 2021, three weeks after the SCOTUS case to pass the new 300+ page law giving the EPA those new powers explicitly.

That's the thing, the Republicans in the 118th Congress have shown they can not get anything done. They've pass 64 laws so far, most of them are renaming Post Offices and reupping funding to VA hospitals. They've spent almost 65% of the time in committee investigating various impeachment hearings. It's so weird how they've had a majority in the House, could have worked on budget related things, and they've barely talked about the impending tax increase that's coming once the tax cut act of 2017 runs out next year. They literally had planned to run on that sole thing back in 2017, that's why they set it up to expire during an election year, and not a peep from them this year on it.

Meanwhile the Democrats in the 117th Congress passed 362 laws, with bangers like the CHIPs act, the Inflation Reduction Act, and the whole turn about is fair play with the whole EPA vs WV case. Because they took the majority they had and got things done.

So ISPs better hope Republicans can keep the mayhem up forever, because if Democrats do get into power in the House/Senate/and President. This whole stunt with the Supreme Court they're pulling could massively backfire on them. Because if NN gets into law, well then it's way harder to undo that.