Congress creates agency to assist them in their duties. Agency works as intended and does them. Court blocks them by saying "you were made to do X, not X."
Everyone should expect to see A LOT more of this 'lacks authority' bullshit to regulatory bodies in the wake of the sup court's Chevron decision and everything else the federalist society's thinktanks come up with
I would just get a cat. Usually they fix them for free at the shelter. I mean you can fix a judge, don't get me wrong. But you probably don't want to do it cuz it's messy, and they don't like it! I haven't seen one judge yet say how good getting fixed was. Not one.
Yet another reason why I’m willing to pay out the ass to live in California. If I become an expert in a technology field, and leave a toxic company for a different company in the same field, my previous employer can’t sue me.
There's so much bullshit going on in courts lately. It's hard to keep up enough to know if something is good or bad. It's starting to get fucking exhausting.
"court ruling blocks decision to block court decision to block court decision to ban plumbuses from not not being not sold in stores" - that's every other court releated headline.
To sum up: we recently got the awesome FTC instruction that noncompete agreements are disallowed in almost all cases.
Noncompete agreements keep workers from being able to work in their trained field just because they previously worked somewhere else in that field and had to sign a paper to do so. They're a tool used to harm worker power; traditionally for knowledge workers, but now it's being used all over the place.
The judge SC said, you can't ban those. Noncompetes are cool and good. Fuck workers.
EDIT: This was a 5th circuit judge, so not the USSC. A little below that level.
These are coming down because of SCOTUS taking down Chevron. Now every rule must explicitly by made by the bills congress passes. They can no longer state an intent and hire experts to implement those intents vis rules.
We are heading into a Libertarians wet dream of government agencies being nearly Powerless thanks to our SCOTIS.
Weird cause I've got the FTC act right here. Says this:
(a) Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade
(1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in
or affecting commerce, are hereby declared unlawful.
And then later on it has this whole entire section where it lays out the process for how the FTC is supposed to make rules in regards to unfair or deceptive practices
Except as provided in subsection (h) of this section, the Commission may prescribe--
(A) interpretive rules and general statements of policy with respect to unfair or deceptive acts or
practices in or affecting commerce (within the meaning of section 45(a)(1) of this title), and
(B) rules which define with specificity acts or practices which are unfair or deceptive acts or practices
in or affecting commerce (within the meaning of section 45(a)(1) of this title)
And more sections about how they can enforce those rules on individual rule breakers.
Sure sounds like congress was trying to give the FTC the authority to make rules about unfair competition. Both general rules and with "specificity" apparently. Specifically here, non compete agreements have been declared an unfair practice and they followed all rule making procedures as laid out in the law.
Unfortunately, that's the way things are looking right now. The Heritage Foundation is also threatening violence against the left if they don't fall in line.