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News Clash

SCOTUS Decision Nukes Chevron Deference From Orbit… Deep State In Full Panic

This is one of the BIG decisions we've been waiting for

This is exactly the type of decision that has motivated the activist left to throw everything they have into discrediting the now conservative-leaning SCOTUS.

Forty years after the courts established what has come to be known as the Chevron Deference Doctrine empowering ‘experts’ in the administrative state to function as de facto lawmakers with zero direct accountability to the voting citizen, a single policy of ridiculous government over-reach was the catalyst to bring it crashing down.

In simple terms, the doctrine had a two-part principle. Where there was clear directives established by legislation and Congress, Federal bureaucracies were obligated to work within the constraints of those directives. In areas where there was no clear direction in law, they were granted significant latitude to establish their own guidelines.

The latitude of that 1984 decision gave birth to a monster. Before long, bureaucracy ballooned into a behemoth beyond the capacity of Congress to control.

Fast forward a few decades and one case challenged the right of some little-known government department to reach into the lives of citizens and make whatever demands upon them it damn well pleased.

Some Atlantic fishermen were having their livelihoods strangled to death by government regulations and fees. They took their case to court.

The OYEZ site sums up the particulars this way:

Facts of the case
A group of commercial fishermen who regularly participate in the Atlantic herring fishery sued the National Marine Fisheries Service after the Service promulgated a rule that required industry to fund at-sea monitoring programs at an estimated cost of $710 per day. The fisherman argued that the Magnuson-Stevens Fishery Conservation and Management Act of 1976 did not authorize the Service to create industry-funded monitoring requirements and that the Service failed to follow proper rulemaking procedure.

The district court granted summary judgment for the government based on its reasonable interpretation of its authority and its adoption of the rule through the required notice-and-comment procedure. The U.S. Court of Appeals for the D.C. Circuit affirmed.

1. Does the Magnuson-Stevens Act authorize the National Marine Fisheries Service to promulgate a rule that would require industry to pay for at-sea monitoring programs?

2. Should the Court overrule Chevron v. Natural Resources Defense Council or at least clarify whether statutory silence on controversial powers creates an ambiguity requiring deference to the agency?

SCOTUS handed down a ruling today. They found in favor of the fishermen.

The court overrules its 1984 decision in Chevron v. Natural Resources Defense Council, which held that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. In Loper Bright Enterprises v. Raimondo, the court rules 6-3 that courts may not defer to an agency interpretation of the law simply because a statute is ambiguous. — SCOTUSblog

Long story short, decisions about whether the government has over-reached its authority will no longer be decided by a supervisor in some government department. Claims of overreach can be challenged in court like any other grievance between parties.

Opponents of the Chevron doctrine argue that judges apply it too often to rubber-stamp decisions made by government bureaucrats. Judges must exercise their own authority and judgment to say what the law is, they argued to the Supreme Court.

Defending the rulings that upheld the fees, President Joe Biden’s administration said that overturning the Chevron decision would produce a “convulsive shock” to the legal system.

Environmental, health advocacy groups, civil rights organizations, organized labor and Democrats on the national and state level had urged the court to leave the Chevron decision in place. — WESH

Lionhearted: Making Young Christian Males Rowdy Biblical Men

Dear young Christian male, this book you’re about to read is meant to challenge you to your very core. Its intent is not to make you feel warm and fuzzy. Some of the chapters will upset you greatly, especially if you’re a dandy who was raised with kid gloves by a helicopter mommy.

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If you want a feel-good book that tickles your ears and morphs you into a little Christian popinjay, this tome ain’t for you. You should put this book down and walk away from it immediately. However, if, young man, if … your motto is to give God your utmost for His highest, and you wanna live a life worthy of Christ’s death, then this book will be grist for your mill.

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Wes Walker

Wes Walker is the author of "Blueprint For a Government that Doesn't Suck". He has been lighting up since its inception in July of 2012. Follow on twitter: @Republicanuck