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The End Of "Chevron" Deference
Manhattan Contrarian ^ | 28 Jun, 2024 | Francis Menton

Posted on 06/30/2024 5:30:22 AM PDT by MtnClimber

click here to read article


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1 posted on 06/30/2024 5:30:22 AM PDT by MtnClimber
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To: MtnClimber

I must imagine that Francis Menton was very happy to write this article. He spent much of his legal career fighting regulatory attacks against business, especially the energy industry.


2 posted on 06/30/2024 5:30:47 AM PDT by MtnClimber (For photos of scenery and wildlife, click on my screen name for my FR home page. More photos added.)
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To: StAntKnee; texas booster

Manhattan Contrarian Ping


3 posted on 06/30/2024 5:31:36 AM PDT by MtnClimber (For photos of scenery and wildlife, click on my screen name for my FR home page. More photos added.)
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To: MtnClimber

XX CFR Full Authorization Act

XX CFR is law in its entirety.

The agencies will be running to Congress say they need full authorization acts to avoid getting tied up in court.


4 posted on 06/30/2024 5:35:51 AM PDT by Brian Griffin
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To: MtnClimber

It’s official. Bureaucrats are now so passé.


5 posted on 06/30/2024 5:41:16 AM PDT by ComputerGuy (Heavily-medicated for your protection)
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To: MtnClimber

A delay for regulatory notice is needed when freedom is being reduced.

No delay whatsoever is needed when freedom is going to get regained by people and/or business.


6 posted on 06/30/2024 5:41:32 AM PDT by Brian Griffin
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To: MtnClimber

pollute

to make foul or unclean, esp. with waste materials.

foul

grossly offensive to the senses...

clean

free from dirt or filth...

“The Random House Dictionary” I use


7 posted on 06/30/2024 5:44:49 AM PDT by Brian Griffin
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To: MtnClimber

I was thinking of replacing my 28 year old car but now I’ll wait. Maybe I will be able to get a new car that I really want instead of one the government wants me to get.


8 posted on 06/30/2024 5:50:59 AM PDT by MulberryDraw
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To: MulberryDraw

What? You want to live free? The nerve of you!


9 posted on 06/30/2024 5:55:13 AM PDT by j.havenfarm (23 years on Free Republic, 12/10/23! More than 8,000 replies and still not shutting up!)
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To: MtnClimber

The Biden administration ignores the Supreme Court.


10 posted on 06/30/2024 5:58:44 AM PDT by Daveinyork
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To: MtnClimber

By say a president like Trump removing a regulation restricting human freedom, the agencies still have the law passed by Congress to use.

Ambiguity in law is usually resolved in favor of the party who did not compose the writing concerned.

When the IRS losses a court case, it usually gets Congress to legislate a fix.


11 posted on 06/30/2024 6:02:23 AM PDT by Brian Griffin
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To: MtnClimber

“waters of the United States”

Obviously, that should be limited those of Article I, Section 8 scope.

However, products of Article I, Section 8 scope may be themselves regulated.


12 posted on 06/30/2024 6:15:53 AM PDT by Brian Griffin
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To: MtnClimber

Too bad they went so far as to clearly state that this reversal of policy does not affect any unconstitutional laws already in place.
Nice that. Don’t try to fix what is broken, just ensure that it don’t get more broke while your butts are in the chairs.

Cowards.


13 posted on 06/30/2024 7:21:06 AM PDT by bobbo666 (Baizuo, )
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To: Daveinyork

“The Biden administration ignores the Supreme Court.”

Yep.

For this ruling to have any impact, the courts would have to have an enforcement mechanism of their own - ie, their own police force.

Instead they must rely on the department of justice which is an arm of the executive,ie,the president.

So to ask it to stop what the president is determined to do is wishful thinking.

A perfect example of this is the student loan ruling. The Supremes said you can’t do that, Biden flips them the bird.

Or as Andrew Jackson said... “John Marshall has made his decision, now let him enforce it!”


14 posted on 06/30/2024 7:22:44 AM PDT by aquila48 (Do not let them make you "care" ! Guilting you is how they control you. )
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To: MtnClimber

It’s not enough to defang the admin state by overturning Chevron. There are 50,000 Fauci like rat faced commie bureaucrats running an extortion racket on America. Any agency bureaucrat that issues a regulation must be investigated for influence peddling, insider trading or blackmail.


15 posted on 06/30/2024 7:39:03 AM PDT by DeplorablePaul
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To: aquila48

States will simply tell bureaucrats that they have no authority to enforce illegal diktats, and the states will apply for judicial relief. Any enforcement action by bureaucrats will be halted while the case winds its way thru the courts. The courts will apply the Bright decision to nullify any illegal bureaucrat “laws”.

This is the way the constitution was designed to work. Unelected bureaucrats illegally writing law has always been unconstitutional. Bright fixes this.


16 posted on 06/30/2024 7:54:09 AM PDT by sergeantdave (AI training involves stealing content from creators and not paying them a penny)
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To: aquila48

Jackson was a Democrat.


17 posted on 06/30/2024 8:53:39 AM PDT by Daveinyork
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To: sergeantdave

But who enforces the courts rulings?


18 posted on 06/30/2024 9:02:47 AM PDT by aquila48 (Do not let them make you "care" ! Guilting you is how they control you. )
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To: MulberryDraw

It took 40 years to repeal Chevron. Don’t get your hopes too high for that deregulated car too soon.


19 posted on 06/30/2024 9:03:01 AM PDT by Sequoyah101 (The Government that got us in this mess is not the Government that can get us out of it.)
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To: aquila48

“But who enforces the courts rulings?”

My sheriff will. How about yours?


20 posted on 06/30/2024 10:24:24 AM PDT by sergeantdave (AI training involves stealing content from creators and not paying them a penny)
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