Reposted by Mark Joseph Stern
"Whether he is watching too much Fox News or acting for other reasons, Justice Alito seems to be emotionally unable to rationally examine the actual evidence in the cases before him to see if they support his voter fraud arguments."
democracyproject.org/posts/exorci...
democracyproject.org
Exorcising Justice Alito’s Voter Fraud Boogeyman
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
![Text of footnote:
There is an error in the Supreme Court's analysis in Loper Bright. Much of the Court's reasoning (and a part of Justice Gorsuch's concurrence) is devoted to criticizing the Chevron opinion for ignoring section 706 of the Administrative Procedure Act, 5 U.S.C. § 706. See, e.g., 603 U.S. at 397-400, 411-12; id. at 428 (Gorsuch, J., concurring). The Court's critique is unfounded. It is unfounded because section 706 of the APA did not apply to judicial review of the EPA rule at issue in Chevron. Section 706 did not apply because Chevron was not an APA review case. The Clean Air Act superseded the APA: "The provisions of section 553 through 557 and section 706 of Title 5 [the APA] shall not, except as expressly provided in this subsection, apply to actions to which this subsection applies." 42 U.S.C. § 7607(d)(1). The problem the Court identified in Loper Bright was not with Chevron itself, but with courts, including the Supreme Court, indiscriminately adopting the Chevron formula in later cases in which section 706 of the APA did apply.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:jech7rem6vijss4euf4fijao/bafkreifkanop6tkhddyco4lfu2wvvo4mmb6zu7r5sqrtcuealgmlaleqdy)
