Does the FTC actually have the power to set rules like this effectively now that Chevron deference isn't a thing? I'd imagine e.g. the New York Times, among others, will quickly sue to stop this, no?
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SCOTUS' power/respect only goes as far as they're actually listening to the will of Americans. This is not representing Americans if they override. Same for abortion (just legality not anything about enforcement), same for presidential immunity.
We have expectations, and they do not align with SCOTUS, so SCOTUS is not a valid interpretive institution. "The Supreme Court has made their decision, let's see them enforce it."
And against my best judgement, I’ll add that in it was roe v wade itself that was essentially judges creating law (shoehorning abortion rights into a right to privacy is a stretch).
Source ? Asking as a non American
It seems to me there are multiple understanding of the role of scotus in general and the inoperative rules of the constitution. "Explicitly not supposed to represent the will of the people" seems to be one perspective but not the only one.
Every constitutional democraty will have a tension between the constitutional and democratic part. And that tension will be felt in all of its institutiona