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Time to Throw Chevron Overboard: Loper
Bright Enterprises v. Raimondo

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Posted By: DVC, 12/21/2023 2:13:42 PM

uppose that you owned a manufacturing business for which the government prescribed certain production regulations, and suppose, further, that the government demanded you provide office space for a federal observer to monitor your operation. Finally, suppose that the government now claimed you had to pay that observer’s salary. This is essentially what a group of commercial Atlantic herring fisheries are now facing and what led them to bring legal action asking the courts to rein in this regulatory overreach. The Supreme Court has agreed to hear their case and others that are related. Here are the facts: In 1976, Congress passed, and President Gerald Ford signed, the Magnuson-Stevens Act (MSA)

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The Chevron case was a massive disaster, basically saying all future courts should defer to the bureaucrats. This terrible ruling was very wrong and must be jettisoned. As the authors say, the bureaucrats have been unleashed to run rampant over free enterprise, destroying everything.

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Reply 1 - Posted by: DVC 12/21/2023 2:16:11 PM (No. 1621822)
The "Chevron" to be thrown overboard is not the company, but a major SCOTUS court ruling which the company was involved in which is now called by that name. SCOTUS in 1984 was wrong, and it should be corrected.
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Reply 2 - Posted by: Hermit_Crab 12/21/2023 2:50:13 PM (No. 1621837)
In Atlas Shrugged, a similar character, 'The Wet Nurse' at the Rearden Metal mill, in the end, turned on the government thugs he reported to. I don't suppose that would happen in real life.
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