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BREAKING: Supreme Court Issues Monumental
Ruling on Chevron Deference

Original Article

Posted By: mc squared, 6/28/2024 10:52:36 AM

Conservative voices on the Supreme Court united to overturn a decades-old decision that gave a lot of deference to federal agencies and their ability to write rules with little input or oversight from Congress. In a pair of decisions — Relentless, Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo — the Supreme Court ruled that the decades-old Chevron deference, a judicial test that would give deference to federal agencies so long as their interpretations of federal rules are "reasonable" and so long as Congress had not spoken directly on those rules, was not a valid test for regulatory agencies.

Comments:

Chevron defense allowed the courts to side with a federal agency (the dreaded 3-letter ones) when challenged by citizen Joe Doakes, even when 'regulations' had not been enacted into law by the Congress.

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Reply 1 - Posted by: seamusm 6/28/2024 11:05:49 AM (No. 1745284)
How right - and how terribly wrong. So going forward courts will not be allowed to give deference to agency bureaucrats but the decisions wrongly decided over the last 40 years will stand under 'stare decisis'. What BS! If it is wrong today then it was wrong from the get go. Roberts is such a lazy coward.
23 people like this.

Reply 2 - Posted by: thethirdruffian 6/28/2024 11:27:25 AM (No. 1745295)
This is easily the most monumental blow to the Deep State fascists in 40 years. Greatly carves back the monster that is the administrative state.
16 people like this.

Reply 3 - Posted by: davew 6/28/2024 11:29:51 AM (No. 1745299)
The central issue was that the EPA had complete autonomy over deciding all actions not explicitly defined in their charter law. This decision means that any decision they make to control private companies must be resolved by court-appointed experts and not the (politically influenced) EPA bureaucrats. Hopefully, this will restrain them, but they could also use this to tie up companies in court as a form of lawfare to achieve their political aims. A better solution would be to have competent and impartial people at government regulatory agencies rather than political lackeys with personal agendas. This ruling is a two-edged sword and a bad substitute for good government.
7 people like this.

Reply 4 - Posted by: NorthernDog 6/28/2024 12:00:31 PM (No. 1745321)
It's a step in the right direction. These agencies are like Kudzu - gradually wrapping around and smothering everything in their path.
11 people like this.

Reply 5 - Posted by: Starboard_side 6/28/2024 12:38:47 PM (No. 1745339)
What timing after the Biden comments on regulation in last night's debate. Perfect opening for Congress to truly exercise their authority to pass legislation to retract those previous decisions that the SCOTUS left in place despite the regulatory agency not having the legal authority to act in the manner they did. They can do it where it's scaled over a period of years to unwind many of those excessive regulations imposed by agencies instead of Congress to minimize the impacts. (the impacts should mainly be for the bureaucratic state - which also should need FAR fewer personnel as a result)
5 people like this.

Reply 6 - Posted by: jeffkinnh 6/28/2024 2:50:34 PM (No. 1745421)
I don't think that Roberts' 'stare decisis' comment completely protects older decisions. I believe that the Court was concerned that a carte blanche wipe out of all previously decided rulings would have produced chaos. Instead, each challenge will have to be brought to a court again, reviewed, and decided according to the new interpretive guidance. Thus, you have legal stability until specific rules and decisions are brought up in a new legal review. By the new guidelines, if the rule making falls outside the details of the law, it will be set aside. It will then be in the hands of Congress to flesh out the law if they so desire. Over time, this will narrow agency power considerably. However, it will immediate stop the end runs around Congress when the votes are not available to pass legislation. The agencies are going to have to be very precise when making rules. New rules MUST fit within the framework of the legislation.
2 people like this.

Reply 7 - Posted by: Jethro bo 6/28/2024 2:54:27 PM (No. 1745424)
This is a very problematic decision. First, it shifts ambiguous legislation form the Deep State to Obambi, Slick and Diaper Joe judges. We all know the fascist will 'judge' shop to get the results they want and these fascist 'judges' will deliver for them. Second, it requires Congress to do something it has never done and that is actually do their job. No way Congress will spend the time and effort to actually address the ambiguities they so love. It's the ambiguities that allow Congress creatures to make a firetruck ton of cash from lobbyists.
3 people like this.

Reply 8 - Posted by: mc squared 6/28/2024 3:34:03 PM (No. 1745441)
Until Congress actually debates an issue and codifies it into law, or not, the 3-letter bureaucracies won't be able to issue 'rulings without debate. Vehicle mileage, appliance efficiency, bump stock rules, privately owned 'wetlands' cow farts, etc, etc.
2 people like this.

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