Author Topic: SCOTUS 6-3 decision reinstates Judicial authority over Administrative overreach!  (Read 532 times)

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Offline Libertas

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https://www.zerohedge.com/crypto/victory-bitcoin-scotus-overturning-chevron-deference-monumental-shift

This should have far reaching impacts beyond even crypto...it impacts every nefarious overreach in bureaucratic rule making by the IRS, ATF, EPA, etc that exceeds reasonable interpretation of laws...and, I would argue it will force Congress to be more specific about bills it introduces to be prospective laws given their penchant for ambiguity and gaslighting titles for their BS they pass and hope to sneak into law...

More review and more exposure to sunlight is a good thing!

To emphasize the need for sunlight, I give you the insane leftist Lawrence Tribe -

“Chevron is now overruled. The administrative state just died. The imperial judiciary joins the imperial presidency, relegating Congress to a secondary role except when it legislates with unrealistic specificity and foresight.”
https://twitter.com/tribelaw/status/1806695367590752295

Yeah, expecting politicians in Congress dealing with the American people honestly and with integrity and common sense is unrealistic to a leftist!  Also very confirming of worst fears of a politicized bureaucracy is his bemoaning of the loss of his rogue administrative state!

This decision reaffirms Constitutional roles and puts some balance back into our three branches of government.  And God-willing in January we can restore even more balance.
« Last Edit: June 29, 2024, 12:50:40 PM by Libertas »
We are now where The Founders were when they faced despotism.

Offline patentlymn

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If I have time I may read the case or a summary of it.  Admin law is weird.  The Chevron case has been suspect for a long time I m told.

comment from the tribe link above
Quote
This is an absurd take from a smart man. Preventing unelected executive bureaucrats from making law does not relegate Congress to a secondary role. It elevates Congress to its intended role.

The Court is saying “you’re important Congress. Now, do you job.”
When the law becomes a ruse, lawlessness becomes legitimate. -unknown

Offline Libertas

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If I have time I may read the case or a summary of it.  Admin law is weird.  The Chevron case has been suspect for a long time I m told.

comment from the tribe link above
Quote
This is an absurd take from a smart man. Preventing unelected executive bureaucrats from making law does not relegate Congress to a secondary role. It elevates Congress to its intended role.

The Court is saying “you’re important Congress. Now, do you job.”

As I said, the demonazis cannot write clear language and meaning bills, if they said what they intend them to do (abuse the ambiguity to the harm of citizens and especially political opponents) they wouldn't be able to pass anything...

Unless their control schemes materializes and they get their one-party dictatorship...
We are now where The Founders were when they faced despotism.

Offline patentlymn

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If I have time I may read the case or a summary of it.  Admin law is weird.  The Chevron case has been suspect for a long time I m told.

comment from the tribe link above
Quote
This is an absurd take from a smart man. Preventing unelected executive bureaucrats from making law does not relegate Congress to a secondary role. It elevates Congress to its intended role.

The Court is saying “you’re important Congress. Now, do you job.”

As I said, the demonazis cannot write clear language and meaning bills, if they said what they intend them to do (abuse the ambiguity to the harm of citizens and especially political opponents) they wouldn't be able to pass anything...

Unless their control schemes materializes and they get their one-party dictatorship...

Plus the admin agencies often serve as the legislative, executive, and judicial branches for a regulation.
I recall that now the experts relied upon can be anonymous and their pay secret?
When the law becomes a ruse, lawlessness becomes legitimate. -unknown

Offline patentlymn

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https://twitter.com/RealSpikeCohen
For those who don't understand what Chevron Deference is, and why SCOTUS ended it, here's the long and short of it:

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.
When the law becomes a ruse, lawlessness becomes legitimate. -unknown

Offline Libertas

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Yeah, as I said this is going to have huge effects across the entire bureaucracy, they no longer have carte blanche to rule as unelected legislators and executives...the abomination to the Constitution and its principles is dead...and that is why wildly butthurt leftists are freaking out...they can no longer push vague and open-ended legislation through Congress for their puppet POTUS to rubberstamp and have their sappers in the bureaucracy finish their full intent of the laws they could not afford to spell out clearly on the front end.  It was crap like this that made incrementalism even (or especially) during so-called opposition control of the Executive or Legislative branch...and Chevron was basically the Court abandoning their oversight, something no Court ever should have done.
We are now where The Founders were when they faced despotism.