Humanity wins with the drop of the Chevron Deference
A VERY BIG DAY FOR HUMANITY
JUNE 28 2024 "SCOTUS Renders Government Agencies Powerless in Courts Across America Justice Kagan wrote, “Today, the Supreme Court flips the script: It is now the courts (rather than the agency) that will wield power when Congress has left an area of interpretive discretion.”
Karen Kingston's substack spells this out:
#KarenKingston #SCOTUSRuling #ChevronDeference A VERY BIG DAY FOR HUMANITY - JUNE 28 2024 "SCOTUS Renders Government Agencies Powerless in Courts Across America Justice Kagan wrote, “Today, the Supreme Court flips the script: It is now the courts (rather than the agency) that will wield power when Congress has left an area of interpretive discretion.”
For those who do not 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, to ensure their compliance.
The thing is federal law does not 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 wetland”.
It is 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 had actually committed a crime or not. Just off to jail you go. That is what Chevron Deference was.
It was not only blatantly unconstitutional, but it also caused immeasurable harm to everyone. Thankfully, it is now gone.
We have not 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.
A Telegram Video displaying what the Chevron Deference impacts!
thank you for drilling down on this!. I sub to Karen's stack as well but her post on this is behind a paywall.
Every day it seems, "we the people" continue to push the boulder up that hill a few more inches....