US Supreme Court Rules Unelected Bureaucrats Do Not Have the Power to Create Laws

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ER Editor: What is the Chevron Deference and why does it matter it’s been overturned?  From Ballotpedia

Chevron deference, or Chevron doctrine, is an administrative law principle that compelled federal courts to defer to a federal agency’s interpretation of an ambiguous or unclear statute that Congress delegated to the agency to administer.

Zerohedge also picked this up. See —

SCOTUS Overturns ‘Chevron Deference’ In Massive Blow To ‘Administrative State’

We wonder, as with much that is happening in the US, if this rejection of the Chevron Deference didn’t happen some time ago. Some tweets —

This woman usefully points out that when federal agencies control legal interpretations, it is actually the Executive Branch (the president) in control since the heads of the federal agencies (usually technocrat experts in their fields) were appointed by the President, not elected by the people. Rejection of the deference puts power back in the hands of the judiciary. As she also points out, it puts power back in the hands of corporations since it is harder to control them.

Very useful, 5 mins. He talks about ‘rule by the experts’, the technocrats such as Fauci (f-bomb warning) —

We can recall that during Covid, it was these federal agencies in the US who made all the medically corrupt decisions against the population —

Amplification —

Alas, this is behind a paywall, but the title is intriguing. From January of this year —

Years after Trump’s White House vowed to destroy the administrative state, 2 of his Supreme Court appointees look poised to strike a big blow

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BREAKING: Chevron is Gone — SCOTUS Rules Unelected Bureaucrats Do Not Have the Power to Create Laws

In a landmark decision, the Supreme Court has overturned the long-standing Chevron doctrine, fundamentally altering the balance of power between the judiciary and federal agencies.

The ruling, which came in the case of Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al., marks a significant shift in the balance of power between the branches of government.

The Chevron doctrine, established in the 1984 case Chevron U.S.A. Inc. v. Natural Resources Defense Council, has long been a source of contention. It granted deference to federal agencies in interpreting ambiguous statutes, effectively allowing unelected bureaucrats to make laws through their regulatory actions.

However, by a 6-3 majority, the SCOTUS has now declared that such power is unconstitutional and goes against the principles of democratic governance.

“Chevron is overruled,” Chief Justice John Roberts wrote in his majority opinion. “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”

Chief Justice Roberts, emphasized that the role of interpreting laws and making policy decisions should rest with elected representatives in Congress, not with unaccountable agency officials. The ruling has been hailed by critics of regulatory overreach as a victory for the separation of powers and the rule of law.

SCOTUS Blog reported:

Chevron, Roberts explains, “defies the command of” the Administrative Procedure Act, the law governing federal administrative agencies, “that the reviewing court–not the agency whose action it reviews–is to decide all relevant questions of law and interpret … statutory provisions. It requires a court to ignore, not follow, the reading the court would have reached had it exercised its independent judgment as required by the APA.”

Chevron’s presumption that statutory ambiguities are implicit delegations of authority by Congress to federal agencies “is misguided,” Roberts explains, “because agencies have no special competence in resolving statutory ambiguities. Courts do.”

Roberts notes that today’s decision does “not call into question prior cases that relied on the Chevron framework. The holdings of those cases that specific agency actions are lawful–including the Clean Air Act holding of Chevron itself–are still subject to statutory stare decisis despite our change in interpretive methodology.”

The decision comes with the concurrence of Justices Thomas and Gorsuch, who added their perspectives, underscoring the constitutional necessity of judicial independence in statutory interpretation.

“Justice Neil Gorsuch, the son of a former Environmental Protection Agency administrator, wrote separately to call Chevron Deference “a grave anomaly when viewed against the sweep of historic judicial practice,” according to CNN.

“The 1984 decision, he said, “undermines core rule-of-law values ranging from the promise of fair notice to the promise of a fair hearing,” adding that it “operated to undermine rather than advance reliance interests, often to the detriment of ordinary Americans,” the news outlet added.

This is a massive win for the Constitution. This is a massive win for the American people.

Read the ruling here.

CONTINUE READING HERE

Featured image source, SCOTUS justices: https://www.americanbanker.com/news/supreme-court-ends-chevron-deference-in-landmark-decision

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