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Goldberg: Everyone else is picking up the slack as Congress neglects its duty

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Goldberg: Everyone else is picking up the slack as Congress neglects its duty

The Supreme Court heard oral arguments last week in a case about fishing boats, and it could spell the end of government as we know it. I hope it does.

The legal questions may not be all that fascinating. What is fascinating, however, is how the legal issues help explain why our government and our politics are so dysfunctional.

First, the facts of the case: In 2020, the National Marine Fisheries Service issued a new requirement to prevent overfishing. Federal inspectors would be placed on commercial fishing boats to ensure that no one exceeded their quotas. Fair enough. But the government said that the companies would have to pay for the monitors, to the tune of $700 per day. Loper Bright Enterprises, a New Jersey commercial fishing company, sued, arguing that Congress never intended any such thing when it wrote the relevant law some 44 years ago.

The question before the Supreme Court, posed in Loper Bright Enterprises vs. Raimondo and a companion case, Relentless vs. Department of Commerce, is whether regulatory agencies can make up rules Congress may never have intended. Under a doctrine called “Chevron deference,” the answer since 1984 has been “yes” — if the agency’s interpretation is reasonable.

If you want to score all of this as a right versus left thing, your scorecard is going to get messy. That’s because conservative justices, including the late Antonin Scalia, once championed Chevron deference. Now, liberals lead the fight in favor of giving the executive branch leeway, warning that overturning Chevron could lead to judicial activism. “Agencies know things that courts do not,” Justice Elena Kagan said during oral arguments, “and that’s the basis of Chevron.” Chevron is a “doctrine of humility,” she added. The Center for American Progress, a liberal think tank, calls the effort to overturn Chevron a “judicial power grab.”

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I think there are good arguments on both sides. Obviously, courts should defer in some circumstances to experts at, say, the Nuclear Regulatory Commission or the Food and Drug Administration, particularly on highly technical areas outside the expertise of judges.

On the other hand, there are times when regulators might exceed their authority under the law or Constitution, and judges have every right and obligation to step in. I suspect that if Donald Trump becomes president and fills regulatory agencies with MAGA zealots, many liberals worrying about a “judicial power grab” will be begging the courts to intervene.

And bear in mind, in 2005, the court, with a majority opinion by Justice Clarence Thomas, ruled in National Cable & Telecommunications Assn. vs. Brand X Internet Services that not only should courts defer to the experts, but every new administration also gets a free hand at changing what passes for expert opinion every four or eight years. In other words, all of the talk of “following the science” sounds great until new political appointees get to decide what the science says.

This gets to the part that I find fascinating. The question of whether the judicial or the executive branches should be the final word on regulatory policies misses the elephant in the room: Congress should be the first word.

If Congress wants to pass a law requiring fishermen to pay for monitors on fishing boats it can. Likewise, it can pass laws to forgive student debt, legalize marijuana, clarify free-speech issues for social media, provide amnesty for illegal immigrants, build a border wall, and a thousand other things.

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But it doesn’t.

Instead, Congress does one of three things: 1) Nothing at all 2) Write deliberately vague legislation punting hard decisions to Cabinet secretaries and administrators or 3) Lobby the executive branch to do things Congress is too cowardly to do itself.

Some of those things take the form of unconstitutional executive orders. In short, the real problem is that the courts and the executive branch are stuck crafting public policy because Congress has sidelined itself.

It’s difficult to exaggerate how much this has distorted our politics. Congress is the most democratic branch of government, which is why the founders invested it with the most power. It’s where political disagreements are supposed to be hammered out. But by absolving itself of that responsibility, we’ve turned presidential elections into de facto parliamentary elections in which one party gets to make law through regulatory fiat. This in turn has invited courts to overstep their traditional role because legislative vagueness has become a central feature, not a failing, of lawmaking.

The Supreme Court probably can’t make Congress do its job, but until Congress takes itself seriously, courts and bureaucrats will continue to get stuck with problems that aren’t their job to fix.

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Fetterman unleashes on ‘dirtbag’ wing of Dems after far-left victories: ‘Orgy of socialism’

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Fetterman unleashes on ‘dirtbag’ wing of Dems after far-left victories: ‘Orgy of socialism’

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Sen. John Fetterman, D-Pa., unloaded on his own party on Sunday evening, blasting a series of victories for progressives he called “anti-America.”

“Big night for the dirtbag left,” Fetterman said, referring to New York’s recent primaries, where two members of the Democratic Socialists of America (DSA) won primaries.

“I’ve said the party is becoming an orgy of socialism. Clearly anti-America, anti-Western Civilization,” Fetterman said.

Fetterman’s striking calls give a rare look at how some moderates may view the developments on their far-left flank that have dominated the party’s momentum in recent months, sparking concern that their high visibility is dragging the party further and further left.

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FETTERMAN WARNS DEMOCRATS ‘DRIFTING FIRMLY INTO COMMUNISM’ AFTER SOCIALIST PRIMARY WINS

Sen. John Fetterman, D-Pa., speaks to reporters outside the Senate Chamber during votes on Nov. 10, 2025, on Capitol Hill in Washington, D.C. (Andrew Harnik/Getty Images)

His comments come on the heels of a handful of key progressive victories.

In Maine, Graham Platner, a controversial Democratic candidate for U.S. Senate, has attracted controversy for denying knowledge of the meaning behind a Nazi-linked tattoo, for off-color comments about race and calling himself a “communist” in a deleted Reddit post.

In New York, one DSA member, Claire Valdez, won a primary on a platform of abolishing ICE and a Green New Deal-style approach to climate change. Similarly, Darializa Avila-Chevalier, another DSA candidate, beat out incumbent Rep. Adriano Espillat, D-N.Y., a high-ranking Democrat and the chair of the Congressional Hispanic Caucus.

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WINNERS AND LOSERS EMERGE AFTER SOCIALIST EARTHQUAKE ROCKS NYC PRIMARIES

Graham Platner, Democratic Senate candidate for Maine, speaks at a primary election night event at the Blue Hill YMCA in Blue Hill, Maine, on June 9, 2026. Platner won the party’s Senate primary after a campaign marked by accusations of past misbehavior and voter concerns. (Graeme Sloan/Bloomberg via Getty Images)

Both Chevalier and Valdez had the backing of New York Mayor Zohran Mamdani, himself a socialist.

The wins have captured national attention and drawn criticisms from Republicans who have pointed to their success as emblematic of the direction of the Democratic Party.

Fetterman, who has not shied away from confrontations, has been one of the few Democrats to express alarm about the kind of candidates carrying the party’s banner.

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“I mean, you look at some of the things that people have said. Abolish prison, abolish the border, abolish ICE, I mean these crazy people — I have colleagues in my caucus that refuse to even call this out,” Fetterman said.

FETTERMAN REACTS TO MAMDANI’S REFUSAL TO ACCEPT SUPREME COURT’S IMMIGRATION RULING

U.S. Sen. John Fetterman, D-Pa., walks through the Senate Subway during the Senate War Powers vote on April 22, 2026, in Washington, D.C. (Heather Diehl/Getty Images)

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“Between P-hustle in Maine and some of the other winners in New York, they should form their own party and run on all the things that they’ve had to delete on social media,” Fetterman said, referring to Platner.

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“That’s where our party has moved,” he added.

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Supreme Court limits police use of cellphone data to find crime suspects

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Supreme Court limits police use of cellphone data to find crime suspects

The Supreme Court cast doubt Monday on whether police may obtain cellphone data to find crime suspects.

In a 6-3 decision, the justices said this location information showing where a cellphone user has traveled is personal and private and subject to the protection of the 4th Amendment’s ban on unreasonable searches.

Justice Elena Kagan said these “records serve as a personal journal of a user’s movements.”

She said the information “resembles other private materials — think of emails, documents, photographs, or calendars—that even if stored on Google’s servers, a user reasonably views as his own…and reasonably expects to be shielded from the inquisitive eyes of the government.”

Because an “individual has a legitimate expectation of privacy in his cellphone location data,” she said police investigators need a valid search warrant from a magistrate.

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The court stopped short of deciding the proper basis for a search warrant in such cases. Instead, the justices sent the case back to judges in Virginia.

But the outcome casts doubt on “geofence warrants.”

In recent years, police have gone to Google and cellphone companies seeking tracking data on cellphones that were at a crime scene. Sometimes, they have had a warrant from a magistrate.

Civil libertarians say the use of this tracking data raises the specter of mass surveillance on innocent people.

Police and government lawyers say no one has a reasonable right to privacy when they are walking on a sidewalk or driving down the street.

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The case before the court arose from the armed robbery conviction of a Virginia man who stole $195,000 from a credit union in a small town near Richmond.

By the time police arrived, the robber had fled. But surveillance cameras showed he was carrying a gun and a cellphone.

Lacking other leads, detective Joshua Hilton asked a judge to issue a special type of warrant seeking information from Google.
Referred to as a “geofence warrant,” it seeks data from phones in a particular area at a particular time.

The detective sought data on phones that were within 150 yards of the credit union within one hour of the late afternoon robbery.

After examining and paring down the data, the detective asked for the phone records of Okello Chatrie. Then, with a search warrant of his home, investigators found two robbery-style demand notes, a semi-automatic pistol and about $100,000 in cash.

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A judge refused to suppress the evidence from an allegedly unconstitutional search, and Chatrie entered a conditional guilty plea.
The full 4th Circuit Court of Appeals split evenly on the legality of the geofence warrant, and the Supreme Court agreed to decide the issue in Chatrie vs. U.S.

Usually investigators obtain warrants to search the home or vehicle of a known crime suspect.

The new and disputed geofence warrants seek to find a suspect by examining data on the cellphones that were at the scene of a crime.

The FBI used this cellphone data in 2021 to identify suspects who broke through police barricades on Jan. 6, 2021, and pushed their way into the Capitol to disrupt the official counting of electoral votes.

Chief Justice John G. Roberts Jr. and Justices Sonia Sotomayor, Neil M. Gorsuch, Brett M. Kavanaugh and Ketanji Brown Jackson agreed on the outcome in Chatrie vs. U.S.

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In a 21-page dissent, Justice Samuel A. Alito Jr. said the court had “carefully set the stage for its planned performance: striking a pose as a great champion of privacy in the digital age. I cannot support this irresponsible escapade.”

Justice Clarence Thomas agreed.

Justice Amy Coney Barrett agreed in a one-paragraph dissent. “Chatrie had no reasonable expectation of privacy in data about his public movements that he voluntarily disclosed to Google,” she said.

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Supreme Court Expands Presidential Powers to Fire Independent Regulators

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The Supreme Court ruled 6-3 that President Trump could fire independent regulators for any reason. But the justices carved out an exception for the Federal Reserve, preventing the immediate removal of Lisa D. Cook, a Federal Reserve governor.

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