Supreme Court Strikes Devastating Blow
to Power of Federal Agencies in Landmark Ruling
National Review,
by
Zach Kessel
Original Article
Posted By: Dreadnought,
6/28/2024 11:56:27 AM
The Supreme Court on Friday issued a ruling overturning the 1984 Chevron v. National Resources Defense Council case, striking down a previous decision that granted federal agencies immensely broad power to draw up regulations without congressional approval.
The Court ruled in both Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce — two nearly identical cases — that regulatory agencies will no longer be able to fill in the blanks of vague legislation in 6-2 and 6-3 decisions, respectively. Justice Ketanji Brown Jackson recused herself from the first case because she sat on the federal appeals court that had previously heard the case.
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Not a perfect week for our side, but a pretty darned good one overall.
32 people like this.
Reply 2 - Posted by:
Dreadnought 6/28/2024 12:26:16 PM (No. 1745333)
Quote: In a dissenting opinion, Justice Elena Kagan argued that, because Chevron deference has existed for 40 years, it should continue to exist.
(Slavery)
47 people like this.
Reply 3 - Posted by:
cedar 6/28/2024 1:04:32 PM (No. 1745364)
It's about time. The Biden Administration has been overreaching in some many areas.
29 people like this.
Reply 4 - Posted by:
skacmar 6/28/2024 1:28:46 PM (No. 1745388)
The Supreme Court has shown a pattern of reminding people that it is Congress who is responsible to make laws, not unelected bureaucrats. This is a good thing. COngress makes the laws. Not bureaucrats, not judges. Someone needs to remind Justice Kagan that just because someone has been doing something illegal for 40 years and it has become a common practice does not make it legal.
52 people like this.
Reply 5 - Posted by:
ironchefw 6/28/2024 1:49:45 PM (No. 1745398)
This decision is good for democracy.
Bad for the Deep State and the phony "experts" that love big government.
And how can those liberal justices be so consistently bad?
28 people like this.
Reply 6 - Posted by:
DVC 6/28/2024 1:57:00 PM (No. 1745401)
Excellent news.
This knocks the legs out from under the evil bureaucrats in ALL Federal agencies.
Now the tedious process of litigating hundreds of their rotten regulations to get them overturned.
But, like the Bruen decision essentially cancelling all gun control laws, but will take years to clean them up, this will permit the rolling back of hundreds of regulations.
You can be certain that the bureaucrats will not give in easily, they will have to be beaten again and again in court on myriad terrible regulations.
But the cleanup can now begin in earnest.
35 people like this.
Reply 7 - Posted by:
BarryNo 6/28/2024 2:21:42 PM (No. 1745411)
understand the Swamp has already stated they will find an excuse to hold this against Trump and the J6rs despite SCOTUS.
Lines have been drawn. Keep your powder dry. Prepare for Armageddon.
17 people like this.
Reply 8 - Posted by:
BarryNo 6/28/2024 2:26:10 PM (No. 1745412)
"They scuffed some post-it notes. that will do it," says Garland.
10 people like this.
Reply 9 - Posted by:
jeffkinnh 6/28/2024 2:30:33 PM (No. 1745413)
I absolutely LOVE the clarity of thought expressed by Gorsuch:
"concept of Chevron deference “undermines” many of the principles on which the United States was founded.
“It precludes courts from exercising the judicial power vested in them by Article III to say what the law is,” he wrote. “It forces judges to abandon the best reading of the law in favor of views of those presently holding the reins of the Executive Branch."
He states that allowing agencies to act in the way they have is ABANDONING law.
Roberts, almost amazingly, states:
"Chevron’s presumption is misguided because agencies HAVE NO SPECIAL COMPETENCE in resolving statutory ambiguities,” he wrote. “Courts do. The Framers, as noted, anticipated that courts would often confront statutory ambiguities and expected that courts would resolve them by exercising independent legal judgment.”
Effectively, agencies have NO Constitutional standing or place in resolving legal disputes. Their arbitrary "rule making" breaks the Constitutional process.
This ruling was an essential tool to bring the Deep State under control. Further, it will give Trump's agency heads standing to order the agencies to review their rules for compliance with the SCOTUS ruling. I'm sure the Leftists in the agencies will resist but that could be grounds for dismissal or demotion; allowing them to clean house. There will be a lot of volunteers to point out overreach in agency actions in the past.
29 people like this.
Reply 10 - Posted by:
bighambone 6/28/2024 2:36:17 PM (No. 1745417)
The federal executive agencies run by the President should not be allowed to change the intent and meaning of laws passed by the Congress to meet partisan political wants. If you listened closely last night during the debate Biden mentioned that he had changed the immigration laws by way of his policies, obviously by allowing many millions of illegal aliens to gain entry to the USA either by them unlawfully walking across the borderline, or by him paroling them into the USA. In that respect a President is not supposed to be encouraging and inviting illegal aliens to unlawfully enter the USA, or through the paroling of masses of illegal aliens into the USA through a process in the immigration laws that is intended to be used for individual aliens very sparingly through that parole process, and if Biden keeps going he could essentially parole tens or hundreds of millions of mostly all poor and uneducated Third World origin aliens into the USA, who the leftist and socialist Democrats classify as members of minority groups in keeping with Democrat identity politics, with the intention of eventually transforming them into future leftist and socialist oriented progressive Democrat supporters and voters on into the future in unlimited numbers, thus permanently changing the racial and voter demographics of the US general population to what Biden and the leftist and progressive Democrats obviously believe will keep them in political power indefinitely. By doing all that Biden and the Democrats have been changing the intent and meaning of the US Immigration laws that were constitutionally passed by the US Congress with specific authority of the US Constitution that says that the US Congress will have the authority to pass or change the immigration and nationality laws, not a President and his partisan political supporters. Hopefully this Supreme Court decision will stop federal bureaucrats from taking it upon themselves to through the Federal Regulation process to change the intent, meaning, and the substance of laws passed by Congress for partisan political gain.
28 people like this.
Reply 11 - Posted by:
Strike3 6/29/2024 6:27:05 AM (No. 1745698)
The Second Amendment is looking stronger all the time and maybe the war against lawful gun owners will turn the other way, not that it ever had a chance of succeeding.
9 people like this.
Reply 12 - Posted by:
walcb 6/29/2024 7:42:20 AM (No. 1745733)
Rulings and laws make no difference to the dims, they will find ways to work around. Laws are for the little people not dims.
9 people like this.
Reply 13 - Posted by:
slsusnr 6/29/2024 8:15:55 AM (No. 1745765)
The Declaration of Independence, along with the Constitution, gives us a clear picture of the founders' intent: to rid us of suffocating bureacracies that limit our freedom. Remember this? "He has erected a Multitude of new Offices, and sent hither Swarms of Officers to harrass our People, and eat out their Substance." The growth of bureaus, agencies, offices, departments, and other unconstitutional creations is like progressive flooding from compartment to compartment on a ship: it will sink us.
12 people like this.
Reply 14 - Posted by:
mifla 6/29/2024 9:24:58 AM (No. 1745834)
So when the Department of Energy tells me to buy an EV, I can tell them to eff off without legal consequences. Good to know.
13 people like this.
Reply 15 - Posted by:
Old Army Vet 6/29/2024 10:31:38 AM (No. 1745909)
It's about time.
8 people like this.
Read Max Weber “On Bureaucracy” to understand how important this ruling really is.
5 people like this.
Reply 17 - Posted by:
MickTurn 6/29/2024 10:52:43 AM (No. 1745938)
NO regulation/policy should be allowed to be put in place without a VOTE in Congress and Signature by POTUS, PERIOD. What we have seen are petty dictatorial Bureaucrats doing Political Hack Jobs on Everything. Way past time to SHUT THEM DOWN. DELETE Depts that have violated our Rights, EPA, ATF, Dept of Energy, Dept of Edumication just for starters... that fixes most of it!
6 people like this.
Reply 18 - Posted by:
Zigrid 6/29/2024 10:59:20 AM (No. 1745950)
The week that was...WE got some good decisions...not perfect...but better than before....and the debate joke came out smelling like a rose for President Trump....congrats to CNN for letting the moderators play fair in the questioning....it came as a surprise!!
6 people like this.
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