Posted on 06/29/2024 12:57:17 AM PDT by GonzoII
Washington — In a blockbuster decision Friday, the Supreme Court overruled a 40-year-old decision that directed federal courts to defer to agencies' interpretation of unclear laws enacted by Congress.The landmark ruling from the court, which divided 6-3 along ideological lines, curtails the regulatory power of federal agencies and is expected to restrict the government's ability to impose regulations on areas like the environment, health care and the workplace.
The decision marks a major victory for the conservative legal movement, which has long called for dismantling the framework that arose out of the 1984 ruling in a case known as Chevron v. National Resources Defense Council.
The justices did just that with their ruling in a pair of cases involving a 2020 federal regulation that required owners of vessels in the Atlantic herring fishery to pay for monitors while they're at sea.
Here is why the decision in those two cases is so significant:
What is Chevron deference?
The concept of Chevron deference was borne out of the 1984 decision, which involved a challenge to a regulation enacted by the Environmental Protection Agency under the Clean Air Act that defined "stationary sources" of air pollution.
In that case from four decades ago, the Supreme Court used a two-step approach to uphold the EPA's definition. The first step was to decide whether Congress had directly spoken to the question at hand. If Congress' intent was clear, that marked the end of the analysis. But if not, and the statute was ambiguous as to the issue, the second step said courts should defer to the agency's interpretation of the statute if it is reasonable.
(Excerpt) Read more at cbsnews.com ...
“When the 1st Amendment died?”
The 1st Amendment died when a free press, as government oversight for the citizens of our Country decided to shape the news according to leftwing radical ideological dogma. The press became the TASS of the United States.
British rule of the colonies was absolutely benign compared to today’s sadistic, dictatorial, malevolent, confiscatory, murderous, corrupt Union government.
Elegantly stated, thank you!
This ruling should affect Waters of The US , the .gov largest land grab evah, right?
I can’t imagine how the conservative court during Reagan’s term in 1984 could have ruled that way to begin with.
Good analogy there, Bonemaker. Worse tyranny than the 18th century British dished out. Ben Franklin is rolling in this grave.
Long ago, when employed by National Marine Fisheries, an arm of NOAA, I was amazed at the power NOAA had over New England fisheries. I soon left for greener pasture, but I will never forget my discussions with fisherman and the questions that they posed that I could not answer.
The Reagan Court: Burger was then Chief Justice of a mediocre court — at best.
Brennan, Jr. 10/16/1956-07/20/1990 Eisenhower
Potter Stewart 10/14/1958-07/03/1981 Eisenhower
Byron “Whizzer” White 04/16/1962-07/28/1993 Kennedy
Thurgood Marshall 10/02/1967-10/01/1991 Johnson
Warren Earl Burger, Chief Justice 06/23/1969-09/26/1986 Nixon
Lewis F. Powell, Jr. 01/07/1972-06/26/1987 Nixon
William H. Rehnquist 01/07/1972-09/26/1986 Nixon
William H. Rehnquist - Chief Justice 09/26/1986-09/03/2005 Reagan
John Paul Stevens 12/19/1975-06/29/2010 Ford
Sandra Day O’Connor 09/25/1981-01/31/2006 Reagan
Antonin Scalia 09/26/1986-02/13/2016 Reagan
Anthony M. Kennedy 02/18/1988-07/31/2018 Reagan
Yes, and maybe now Utah can go back to being the desert that it is, instead of a being a “navigable waterway”.
Surely government pressured censorship of social media has taken it farther.
“How will SCOTUS enforce it’s rulings when leftist democrat filth just do whatever they want?”
Elected constitutional sheriffs have the legal and armed muscle to take down rogue bureaucrats.
Interestingly, Scalia did not author a dissent of this ruling. He did however begin the process of undoing that holding.
Justice | Start Date-End Date | Appointed By | ||
---|---|---|---|---|
William J. Brennan, Jr. | 10/16/1956-07/20/1990 | Eisenhower | ||
Byron “Whizzer” White | 04/16/1962-07/28/1993 | Kennedy | ||
Thurgood Marshall | 10/02/1967-10/01/1991 | Johnson | ||
Warren Earl Burger, Chief Justice | 06/23/1969-09/26/1986 | Nixon | ||
Harry A. Blackmun | 06/09/1970-08/03/1994 | Nixon | ||
Lewis F. Powell, Jr. | 01/07/1972-06/26/1987 | Nixon | ||
William H. Rehnquist | 01/07/1972-09/26/1986 | Nixon | ||
John Paul Stevens | 12/19/1975-06/29/2010 | Ford | ||
Sandra Day O’Connor | 09/25/1981-01/31/2006 | Reagan |
Decision that directed federal courts to defer to agencies’ interpretation of unclear laws enacted by Congress.
What mean kickbacks Moe.
All but two Republican nominated shows how no one can, nor should, try to install clones of their ideology into the Third Branch of government. While that court rendered an unfortunate decision others with more liberal members have surprised us with common sense (which should be called rare good sense).
👍
Ironically, the original Chevron decision was set up by a right-wing friendly rule by the EPA under Gorsuch’s mother, who was challenged by a left-wing group. The court sided with the right-wing EPA at the time under the Reagan administration.
There are billions of dollars and at least tens of thousands of gov employees that say differently .
Who will enforce the ruling? Why would they commit suicide?
We are in a post legal stage of our nation.
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