Posted on 06/30/2024 5:03:35 PM PDT by george76
A family fishing company, Loper Bright Enterprises, was being driven out of business, because they couldn't afford the $700 per day they were being charged by the National Marine Fisheries Service to monitor their company.
The thing is, federal law doesn't authorize NMFS to charge businesses for this. They just decided to start doing it in 2013.
Why did they think they could away with just charging people without any legal authorization?
Because in 1984, in the Chevron decision, the Supreme Court decided that regulatory agencies were the "experts" in their field, and the courts should just defer to their "interpretation" of the law.
So for the past 40 years, federal agencies have been able to "interpret" laws to mean whatever they want, and the courts had to just go with it.
It was called Chevron Deference, and it put bureaucrats in charge of the country.
It's how the OHSA was able to decide that everyone who worked for a large company had to get the jab, or be fired.
No law gave them that authority, they just made it up.
It's how the ATF was able to decide a piece of plastic was a "machine gun".
It's how the NCRS was able to decide that a small puddle was a "protected wetlands".
It's how out-of-control agencies have been able to create rules out of thin air, and force you to comply, and the courts had to simply defer to them, because they were the "experts".
Imagine if your local police could just arrest you, for any reason, and no judge or jury was allowed to determine if you'd actually committed a crime or not. Just off to jail you go.
That's what Chevron Deference was.
It was not only blatantly unconstitutional, it caused immeasurable harm to everyone.
Thankfully, it's now gone.
We haven't even begun to feel the effects of this decision in the courts. It will be used, for years to come, to roll back federal agencies, and we'll all be better of for it.
And that's why politicians and corporate media are freaking out about it.
Thank you!!!
Congress passed and George H. W. Bush signed into law the Energy Policy Act of 1992 that delegated to various departments to discretion to set things like:
Then there is "waterways of the United States" and "Navigable Waterways of the United States" and so many other ways that department bureaucrats used "Chevron deference" to expand their powers to control most aspects of American daily life.
-PJ
Wow, thank you for this clear concise explanation. This is huge!
..and the fraudulent 11000 peer reviewed published articles pulled..
..have shown us,
is that these fools who paid thousands for their “ education”
are not experts,
or even competent in their fields,
but merely
” accredited “.
nothing more than those who are paying their ways into guilds. frauds akin to irinalists.
or even competent in their fields,
but merely
” accredited “.
nothing more than those who are paying their ways into guilds. frauds akin to Urinalists
Seems to me that “Chevron Deference” is legalized abuse of power.
What could go wrong:
Not allowing transgender surfers would violate Coastal Act, Huntington Beach contest organizer learns
The California Coastal Commission has drawn a line in the sand: Allow transgender surfers to compete, or you’ll be in violation of the Coastal Act.
A two-day surf contest happening this weekend in Huntington Beach found itself at the center of a hotly debated topic: Whether trans athletes should be allowed to compete in the gender division they identify with or the gender they were born as – a question many sports organizers are facing as equality and fairness are argued among both sides.
Does this mean we can have dishwashers that use enough water to get the dishes clean in less than three hours?
Does this mean we can have dishwashers that use enough water to get the dishes clean in less than three hours?
Thanks
Thank you.
Bkmk
That’s very helpful, considering that I haven’t had any time to read up on it. But I don’t interpret it as the good news some are portraying.
So, succinctly, SCOTUS reversed opinion SCOTUS made in 1984.
The logical question:
What prevents a liberal SCOTUS in the future from doing the same? As with the so-called abortion matter?
And I’m not even going to get into the effects of 3 years of the virus and the jabs...
I’m of growing opinion that our system is irreparably broken, just as they intended.
We shall see what November brings.
Same with clothes washers. We have to use the “deep fill” setting on out “high efficiency” machine or the clothes won’t ever get wet.
Many thanks.
Luke, I felt a great disturbance in the GOV, as if a million bureaucrats cried out in terror, and then were suddenly fired because their jobs didn’t exist anymore.
Thank you!
Thank you!
It helps me with any argument I might make to any liberal
Clear and concise.
The Chevron Deference in a contemporary setting:
“Can you tell me, what is a ‘woman’?”
KJB: “I’m not a biologist.”
I said this in a post on Friday: I was a subscriber to Consumer Reports emails where they would announce recalls and give other information, such as reviews. They have an online petition protesting the overturning of Chevron and requested I sign it. I immediately unsubscribed from their emails. Screw them.
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