President Joe Biden stands to make significant political gains if marijuana is rescheduled under his administrative directive, according to a new survey that reveals majority support for the reform. It also found that marijuana enjoys greater favorability with voters compared to Biden and former Pre...
Biden will probably get this done. He said he was going to, seems like the administrative steps to do so are happening.
But here's what will happen: the Supreme Court is getting ready to shred another longstanding precedent known as the Chevron Doctrine. Without Chevron, any federal court will be able to enjoin any action of any federal agency just by saying that the agency's interpretation of the statute, even though it's reasonable, isn't what Congress really intended. In other words, agencies will no longer be able to regulate much of anything because corporations will just file a lawsuit in some backwards ass federal court district and the judge's interpretation of the statute will carry more weight than the agency that administers the statute.
That's the Republican plan, here. They give half a shit about DEA administrative scheduling, they can't wait to destroy the FCC, SEC, IRS, EPA, FTC, FEC, etc. If the DEA reschedules cannabis, and the Republicans cannot lock up enough black and brown people, they will judge shop until they find one to say doing so isn't what Congress intended with cannabis prohibition statutes, and enjoin the rescheduling.
You know, without Chevron, it won't matter what the DEA thinks and there will no longer be a schedule... Just like our stoner founding fathers intended!!
Ok but really you're saying like all this destruction is necessarily bad because all government is necessarily good. These agencies all have legislated remits that will largely be unaffected. DEA and ATF will hurt the most which I'm okay with. FTC will be hurt in a bad way, and I'm pretty sure in fixing one congress will grant more power to themselves and these agencies anyway, so with or without Chevron we're fucked.