Posted on 06/28/2024 9:58:26 AM PDT by SeekAndFind
Today, the Supreme Court voted to overrule the so-called Chevron deference in a 6-3 decision. The ruling is a HUGE victory for those who hate the massive power the administrative state has amassed in recent decades.
Chief Justice John Roberts, writing for the majority, concluded: "The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron is overruled."
In the most basic terms, the Chevron deference (also called the Chevron doctrine) allows the courts, through a two-step process, to defer to "reasonable" administrative agency interpretations if a federal statute is unclear or ambiguous. It was essentially a get-out-of-jail-free card for presidents and agency hacks who liked to claim that a law says whatever they want it to say. It gave federal agencies broad authority to regulate everything from health care to immigration to women's sports to COVID jabs.
The principle derives its name from the 1984 U.S. Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. which concerned disagreement over a change in the Environmental Protection Agency's interpretation of a permitting provision of the Clean Air Act of 1977. The case established a two-step review approach used by courts to analyze an agency's legal interpretations. Under the review process, courts consider (1) Congress' clear intent in passing a law and (2) (if the court finds ambiguities in the law) whether an agency's rule was reasonably construed and not arbitrary, capricious, or manifestly contrary to the statute.
(Excerpt) Read more at pjmedia.com ...
The leftists have plenty of middle fingers left in their arsenal.
Surprisingly Justice Ketanji Brown sided with majority.
Amy Coney Barret sided with the swamp.
What will likely be the first visible results of this decision?
Chevron should sue for restitution.
With this, didn’t the ATF just become toothless? No more ruling and penalizing/jailing because of administrative fiat. Congress must actually go on-record and PASS LAWS to enforce. Gee, just like our system of Government was designed by our founding fathers!!!
She's another product of the Federalist Society, which is the right wing of the Uniparty. They need to be shamed, shunned and dismantled.
Make CONGRESS do it's damn' job and PASS LAWS the way our founding fathers intended. Can't wait for the LOGJAM to stop Congress in its TRACKS. It's going to be beautiful to watch!
Whoa!!
That IS surprising!
My own hope is it immediately ends the massive left-wing grift of woke NGO's, funded by leftist billionaires, suing government to get courts to approve extreme administrative actions on the environment and education which Congress never approved or funded.
the EPA is going to have a hard time immediately. As should the Dept. of Education and their leftist social-engineering.
Do Wickard next.
L
This is much bigger news than Sock Puppet self destruction.
Our Constitution is an English Common law document a tradition in which our founding fathers were well educated, those who were lawyers anyway, and it cannot be understood without understanding the common law traditions incorporated therein.
Because of this I actually dissent from the view that Scalia was a paragon of the judicial community. Scalia despised the common law and his "originalism" tried to root it out and defer to interpretation of statutory law without giving weight to the meaning and tradition of terms within our common law tradition.
So for this concurrence Gorsuch I applaud Gorsuch.
And for his clear succinct unvarnished concise undertanding that Chevron undermined the apportionament and balancing of powers that has allowed our Constitution to survive for so long I applaud Thomas.
Chevron should sue for restitution.
In the next debate:
Taterhead - “And the Supreme Court he elected got rid of a really good gas station. That’s why gas prices are so high! No joke!”
“With this, didn’t the ATF just become toothless? No more ruling and penalizing/jailing because of administrative fiat. Congress must actually go on-record and PASS LAWS to enforce. Gee, just like our system of Government was designed by our founding fathers!!!”
Wishful thinking. The ATF and other deep state bureaucracies will still make up the law as they deem fit, and aggrieved parties will still have to sue the government for redress. The difference under this ruling is that the federal judge must no longer defer to the deep state’s interpretation of the law, but must exercise its own judgment. Libtard judges will still exercise their judgment in favor of the deep state bureaucracies, but they no longer have to.
AMY CONEY BARETT IS A WEAK WOMAN ! Is she being BLACKMAILED? SHES A LOSER!
Yes, it is. What a day! When you have the ATF doing a 180 on a decade-long decision and suddenly creating 20 million felons out of law-abiding citizens with a stroke of the magisterial pen, it's past time to rein the bureaucrats in.
Turning now directly to the question what stare decisis effect Chevron deference warrants, each of these lessons seem to me to weigh firmly in favor of the course the Court charts today: Lesson 1, because Chevron deference contravenes the law Congress prescribed in the Administrative Procedure Act. Lesson 2, because Chevron deference runs against mainstream currents in our law regarding the separation of powers, due process, and centuries-old interpretive rules that fortify those constitutional commitments. And Lesson 3, because to hold otherwise would effectively require us to endow stray statements in Chevron with the authority of statutory language, all while ignoring more considered language in that same decision and the teachings of experience.
Where does this put title IX?
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