Posted on 01/14/2024 5:34:28 PM PST by CFW
When Justice John Paul Stephens issued his 1984 opinion in Chevron U.S.A. v. National Resources Defense Council, he started what legal scholar Gary Lawson later called “nothing less than a bloodless constitutional revolution.”
At long last, on Wednesday, the Supreme Court will hear two cases that may signal the beginning of the end to that revolution.
Article I of the Constitution explicitly directs that “All legislative Power herein granted shall be vested in a Congress of the United States,” not regulatory agencies.
Yet Justice Stephens’ opinion found that “agenc[ies] may . . . properly rely upon the incumbent administration’s views of wise policy” in “reasonably” defining statutory ambiguities.
The legal doctrine that Chevron spawned became known as Chevron deference and former President Ronald Reagan’s White House counsel, Peter Wallison, pointed to it as “the single most important reason the administrative state has continued to grow out of control.”
[snip]
Both are companies that fish for herring in New England and are family-owned and -operated, and both are subject to the Magnuson-Stevens Act, which governs fishery management in federal waters.
The act allowed the National Marine Fisheries Service to require herring boats, relatively small vessels that normally carry only five to six people, to also carry federal monitors to enforce of its regulations.
As a next step, however, and without any express statutory authorization, the NMFS decided to require Loper Bright and Relentless to also pay the salaries of these monitors, estimated by the NMFS to be $710 per day, an amount that can exceed the profits from a day’s fishing.
(Excerpt) Read more at nypost.com ...
This is the case which so many of us hope will herald the end of the Chevron deference doctrine. Its end would do much to reign in the ruling cabal we now refer to as federal agencies.
I can tell you that Roberts hates Chevron. As a young lawyer in the Reagan WH, he despised this ruling.
Hopefully more MAGA by DISQUALIFYING AND TEARING DOWN the 80%+, $3+ trillion unconstitutional portion of the federal government which has turned totalitarian and threatens our lives, our fortunes, and our beloved country.
I doubt the deep state will easily yield the power they have through the myriad fed agencies.
Traitor Roberts has “grown” during his time at SCOTUS.
Justice Thomas has spoken about it multiple times in opinions. I worry about Amy Barrett and Kavanaugh on this one though.
Thank the shrub for this scourge upon the court. This charlatan “conservative” did an about face as fast as any other, all the while with being Chief Justice. Like that was an accident as well.
Be very curious to see how he sides in this case.
Same!
John Paul Stephens, a cryptoDemcrat appointed by a greasy RINO.
End the Chevron Insurrection!
Please God, rid us of administrative agencies, the 800 pound gorilla.
Bfl
I have not heard of the “Chevron Deference” before. I hope it gets the ax.
Kelo vs. City of New London should also get another look. Using eminent domain to facilitate the transfer of property from one private owner to another is blatantly unconstitutional.
The only two that might be bigger than Chevron as far as the deep state goes would be if they overturned Wickard, but really, underpinning even that and all of the rest is J. W. Hampton, Jr. & Co. v. United States. (1928)
It’s the difference between taking down some important load-bearing walls and jack-hammering the concrete foundation.
They need to be set up to repeal this also - Reynolds v. Sims !
My thought exactly.
When “will they next go after the big enchilada, Wickard v. Filburn,”?
THAT one is a total travesty.
bump
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