Ding dong the Chevron's dead.

martybegan

Diamond Member
Apr 5, 2010
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Well they finally did it. Now congress has to be explicit in what it wants executive agencies to do when it passes laws, or face courts figuring it out for them.

A great day for the separation and balance of powers at the federal level.

SHOCKER: SCOTUS Delivers a Kill Shot to Big Government

The Supreme Court itself has recognized in a line of cases that unelected bureaucrats should not decide major questions. Major or minor, the number of questions decided by agencies has proliferated over the course of generations. For more than a century, distrust of the electorate and the ceding of more and more power to the unelected—the phenomenon associated with the Progressive Era—was the dominant paradigm of governing. The vast bulk of the executive branch became insulated from elected officials without serious challenge, even as the everyday experience of citizens rendered the notion of the superior competence of government bureaucrats ridiculous.
When then-Judge Brett Kavanaugh was on the D.C. Circuit Court, he argued:

We must recognize how much Chevron invites an extremely aggressive executive branch philosophy of pushing the legal envelope (a philosophy that, I should note, seems present in the administrations of both political parties). After all, an executive branch decisionmaker might theorize, “If we can just convince a court that the statutory provision is ambiguous, then our interpretation of the statute should pass muster as reasonable. And we can achieve an important policy goal if our interpretation of the statute is accepted. And isn’t just about every statute ambiguous in some fashion or another? Let’s go for it.” Executive branch agencies often think they can take a particular action unless it is clearly forbidden.
 
This ruling clearly showed why the dissenting liberals can never be trusted. Their unwavering support of granting unlegislated power to the executive shows their obvious disdain for the Constitution.

All in all between the death of Chevron, the Fischer ruling, and the Biden debate disaster, it's a great day.
 
Basically, if you sue the government for doing or not doing something, courts no longer have to give deference to what the govt says the law requires it to do, or not do.
 
Basically, if you sue the government for doing or not doing something, courts no longer have to give deference to what the govt says the law requires it to do, or not do.
Wrong again. No longer can the government agencies rule by fiat. Publish a Rule one year, then publish a Rule that counters it down the road. All the while impeding the Rights of the people.
 
Congress has long written laws with a tremendous amount of slack which they expected regulatory agencies and their scientists to fill in the blanks.

It's going to be fun watching them being bribed going forward by special interests to not crack down on companies poisoning our water and air.
 
What law? Be specific, if you want to remain civil.
The unlegislated regulations being passed off as laws across a wide spectrum of executive agencies. While preexisting regulations are case by case now, this limits any new overreach before it begins. Look for a slew of lawsuits regarding EPA, ATF, FDA, and DHS regulations to hit soon.
 
Congress has long written laws with a tremendous amount of slack which they expected regulatory agencies and their scientists to fill in the blanks.

It's going to be fun watching them being bribed going forward by special interests to not crack down on companies poisoning our water and air.
It was the agencies heavy handed enforcement and sheer overreach that brought this on.
 

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