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 ...
A giant leap toward a Free America!
removing the deliberate ham strings imposed by the Marxist left
Congress makes laws, not the executive branch staffed with unelected bureaucrats, and not the courts.
It’s a long standing practice that legislation is written to be deliberately vague so that the detailed implementation can be handed off to these bureaucrats who have their own agendas to advance. Congress can then lean back on the “it’s not our fault” excuse.
The deep state has taken a hit below the waterline.
>> a 40-year-old decision that directed federal courts to defer to agencies’ interpretation of unclear laws enacted by Congress
I’m taken aback by the constitutional system’s ability to make such a correction.
"It's not a law," the cashier - a mid-forties man with a scraggly beard - told him. "It is a regulation. A law is something that is debated and voted upon by people who you and I elected. A regulation is something that is imposed by people you and I don't elect and probably will never see. Most of the rules in this country have no basis in law whatsoever. They are regulations but they are enforced as if they were laws."
It was a lightbulb moment for me, something I've never forgot about.
The pencil necked geek who forced the fish nurseries to pay for inspectors is a very unpopular man. It took a gross act of a petty tyranny to unravel the power of the administrative state. Right now, there are 50,000 Fauci like bureaucratic ticks just like him in the federal government ruining our lives. Each one needs to be burnt out.
When the 1st Amendment died?
Maybe the EPA will leave our farmers alone...
totally agree
Time to pull the plugs on the epa,batfe, fbi, dept of education, etc.
1984 seems apropos....
Now the agencies will have to draft ‘recommendations’ and submit them to congressional sub-committees. It will depend on the party in control if they are adopted. Consequently we will have tyrannical laws sometimes and sometimes not, back and forth.
I hope that made sense, I haven’t had my morning glass of chocolate milk yet.
YES! Grievance10: He has erected a multitude of new Offices and sent hither swarms of Officers to harass our people and eat out their substance. - Declaration of Independence
Agencies: Unelected Administrative State of BIG GOV.
the detailed implementation can be handed off to these bureaucrats who have their own agendas to advance.
—
0bama Care is a well know example of this sort of legislation.
The Supreme Court did not overrule Chevron or limit the bureaucracies from doing anything.
The left will find a way around this or just ignore it. They have to as this ruling could be a huge nail in the deep state’s coffin and they will fight very hard to keep their alternate behind-the-scenes leftist government going.
Been saying this for years.... Only Congress can make laws not these useless agencies that call them rules and regulations. This should easily improve life if it’s ever followed. It affects every aspect of our lives.
There is so much more than just Obamacare. So much more!
There are at least 2000 federal agencies, with only 15 of those at the cabinet level.
They employ almost 3,000,000 people.
And there are those who complain about Maoist China or the USSR!
How will SCOTUS enforce it’s rulings when leftist democrat filth just do whatever they want?
From the article: “ Joined by Justices Sonia Sotomayor and Jackson, Kagan said that by doing away with Chevron, courts will be at the center of the administrative process as to an array of subjects since there are always gaps in the law. ”
OH NO!!! You mean the people who are actually an answerable to the electorate will have to do their jobs? You mean that unelected bureaucrats who have jobs for life are going to lose power?!?!
The HORROR!!
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