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Supreme Court takes up case of fisherman challenging government regulation that could give ‘convulsive shock’ to decades of rules
fortune.com ^ | January 17, 2024 | BYMARK SHERMAN AND THE ASSOCIATED PRESS

Posted on 01/17/2024 2:08:50 PM PST by V_TWIN

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You'll have try to ignore the onvious bias in the story.

The overreach of the fed gov on this is completely obscene.

1 posted on 01/17/2024 2:08:50 PM PST by V_TWIN
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To: V_TWIN
The US gov is claiming because the law states they may collect "fees," the fisherman must pay the salaries of the observers at $700/day. According to the plaintiff's attorneys, that would add up to about 20% of the total value of the catch, effectively putting them out of business.

Because you see, being populated with eco-kooks, that's what the gov is really trying to use it's "interpretative deference" to do: stop all fishing.

So called "Chevron deference" just provides cover for government lawlessness.

2 posted on 01/17/2024 2:15:27 PM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: V_TWIN

Last time commercial fishermen took the US to court, we lost badly. So what looks like a slam dunk, may not be.


3 posted on 01/17/2024 2:17:14 PM PST by PIF (They came for me and mine ... now its your turn)
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To: V_TWIN

Bkmk


4 posted on 01/17/2024 2:17:53 PM PST by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: V_TWIN

Elections have consequences.

Pray for these fishermen, and for their attorneys.


5 posted on 01/17/2024 2:21:59 PM PST by Eccl 10:2 (Prov 3:5 --- "Trust in the Lord with all your heart, and lean not on your own understanding")
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To: pierrem15

“stop all fishing”

Exactly.....like I said.....it’s obscene.

And Justice Thomas asking “how do we know where the line is” during today’s arguments doesn’t sound too good.


6 posted on 01/17/2024 2:25:10 PM PST by V_TWIN (America...so great even the people that hate it refuse to leave!)
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To: PIF
"Last time commercial fishermen took the US to court, we lost badly. So what looks like a slam dunk, may not be."

Despite the righteousness of the fishermen's case,the USSC has an easy out. The will cite there is legislative relief available through the Congressional Review Act.

7 posted on 01/17/2024 2:25:10 PM PST by buckalfa (Gut feelings are your guardian angels)
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To: V_TWIN

“You’ll have try to ignore the onvious bias in the story.
The overreach of the fed gov on this is completely obscene”

Not surprised, THIS is what really scares them.


8 posted on 01/17/2024 2:25:48 PM PST by The Antiyuppie (When small men cast long shadows, then it is very late in the day.)
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To: nobody in particular
Justice Thomas: “Where do you draw the line?”

I see what he did there.

9 posted on 01/17/2024 2:29:24 PM PST by SGCOS (not vaccinated for covid and never will be. the vax is a killer.)
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To: V_TWIN
I believe this is the transcript for the Oral Arguments before the court for this case. Of course, the actual case name was NOT mentioned in the excerpted article. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2023/22-451_7l48.pdf
10 posted on 01/17/2024 2:34:55 PM PST by zeugma (Stop deluding yourself that America is still a free country.)
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To: zeugma
Might be this one as well, as it also mentions Chevron in the first 2 pages. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2023/22-1219_c07d.pdf
11 posted on 01/17/2024 2:36:08 PM PST by zeugma (Stop deluding yourself that America is still a free country.)
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To: V_TWIN
The 1984 decision states that when laws aren’t crystal clear, federal agencies should be allowed to fill in the details as long as they come up with a reasonable interpretation. “Judges are not experts in the field, and are not part of either political branch of government,” Justice John Paul Stevens wrote for the court in 1984, explaining why they should play a limited role.

WTAF? If a law isn't clear, it's the job of judges to clarify it, by hearing whatever facts and expert testimony they need to accomplish that. That's what they get paid for, and paid a lot.

If they can't or won't do this, the law in question should be eliminated, and the legislature can try again. But allowing federal agencies to essentially write the laws governing themselves is completely wrong.

12 posted on 01/17/2024 2:37:19 PM PST by HartleyMBaldwin
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To: pierrem15

IF they strike it down, then the Washington rule by regulation will be over. It will give Trump the tool he needs to clean Washington out.


13 posted on 01/17/2024 2:41:50 PM PST by silent majority rising (When it is dark enough, men see the stars. Ralph Waldo Emerson)
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To: V_TWIN

https://www.npr.org/2024/01/17/1225142515/supreme-court-to-hear-arguments-in-a-case-that-could-weaken-federal-rule-making

It certainly does seem excessive.

The fish are going to get paid for. The buyers are going to make sure they get what they pay for. The IRS is going to check that Uncle Sam gets his cut.


14 posted on 01/17/2024 2:47:16 PM PST by Brian Griffin
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To: V_TWIN

https://www.npr.org/2024/01/17/1225142515/supreme-court-to-hear-arguments-in-a-case-that-could-weaken-federal-rule-making

It certainly does seem excessive.

The fish are going to get paid for. The buyers are going to make sure they get what they pay for. The IRS is going to check that Uncle Sam gets his cut.


15 posted on 01/17/2024 2:47:16 PM PST by Brian Griffin
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To: The Antiyuppie

“Those siding with the federal government include environmental groups, Democratic members of Congress, Democratic attorneys general from 21 states and the District of Columbia, and organizations advocating for public health, consumers and civil rights”

IOW ....swamp creatures


16 posted on 01/17/2024 2:47:27 PM PST by V_TWIN (America...so great even the people that hate it refuse to leave!)
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To: V_TWIN

I think states should require medical doctor observers to watch over every abortion.

These observers might get paid $700/day and their fees passed on.


17 posted on 01/17/2024 2:59:23 PM PST by Brian Griffin
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To: V_TWIN
The Chevron decision upends the entire constitutional order. Administrative agencies, which no one elected, and are nearly impossible to remove from power, decide immense questions without any oversight.

It seems unlikely the court would have taken this case, only to reinforce what already exists.

You cannot have separation of powers when executive agencies can make up law as they wish, when they wish.

They are not the legislature,and they are not the judiciary.

Chevron gives them almost unlimited power.

18 posted on 01/17/2024 3:12:36 PM PST by marktwain
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To: V_TWIN

It’s curious that this case comes up at the same time the Davos idiots are proclaiming that farming and fishing are “eco-crimes”.


19 posted on 01/17/2024 3:15:50 PM PST by workerbee (==)
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To: marktwain

The legislative branch has seemingly been quite content with the status quo.


20 posted on 01/17/2024 3:17:02 PM PST by workerbee (==)
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