Communist China holds so much sway in DC – I last week yet again thought of the first of the three ancient Chinese curses:
“May you live in interesting times.”
Thursday was a very interesting day in America.
It was the day a great number of additional Americans finally realized President Joe Biden has dementia.
Friday was also a very interesting day in America. Because this happened….
Supreme Court Overrules Chevron Doctrine:
“In what is probably the most consequential decision of this Supreme Court term, the Supreme Court overruled the 40-year old Chevron doctrine that requires courts to defer to federal agencies’ interpretations of unclear statutory text if the interpretation is merely ‘reasonable.’
“Today’s decision was a huge and historic step towards limiting the expanding powers of the administrative state, which spring largely from the ability of federal agencies to enact major policies grounded only thinly and creatively in statutory authorization. That ability has now been sharply curtailed.
“Chevron not only ceded too much power to unelected bureaucrats in the administrative state, but it also allowed federal judges to throw up their hands and defer to federal agencies without doing the hard work necessary to apply long-standing interpretive tools to determine the meaning of statutory text.”
This Court ruling – is a very interesting thing.
The Court’s Chevron idiocy basically declared that the millions of unelected federal bureaucrats – in the nation’s 456+ federal agencies – can do whatever they want to US.
They are not bound by the Constitution. Or the laws Congress passes – or doesn’t pass.
The unelected bureaucrats can simply issue as many edicts as they wish – and We the Sheeple must eternally snap to.
It’s a principle way how what is supposed to be a (very) limited government Constitutional republic – becomes an anarcho-tyranny state run amok:
“Regulatory burdens of $1.939 trillion (in 2023) amount to nearly 7.4 percent of U.S. gross domestic product….”
The Chevron idiocy – also basically made challenging any of this idiocy in court impossible.
Reversing the Chevron idiocy – is a large thing. And when a large thing happens? Our nation’s Propaganda Apparatus – oops, I mean our media – kicks into high gear.
Let’s peruse and examine some of the very many absurd Big Media takes, shall we?
Forget the Debate, the Supreme Court Just Declared Open Season on Regulators
Oh how they would LOVE to forget the debate.
But to say this declares open season on regulators – is absurd.
What it does do? Is rein in regulators – who declared open season on US four decades ago.
Supreme Court’s ‘Chevron’ Ruling Means Changes for Writing Laws
Totally and completely incorrect – you Constitutional ignorants.
Unelected bureaucrats don’t write laws – Congress does.
Unelected bureaucrats enact regulations. And are supposed to do so within the confines of laws already passed by Congress.
That’s been the problem. Unelected bureaucrats – pretending to be Congress – by bypassing Congress.
How the Supreme Court’s Blockbuster ‘Chevron’ Ruling Puts Countless Regulations in Jeopardy
Even CNN gets that.
Not only can’t we do anything to get rid of these unelected bureaucrats? Chevron said, basically, we couldn’t even sue to get rid of their unconstitutional regs.
I’m not Captain Litigious or anything. But what else can you do to fend off bureaucrats you can’t un-elect? You have to sue them.
To be sure, it’s great for the Leftist law firms that government hires to defend its regulatory assaults.
But We the Victims must be allowed to do SOMETHING to limit the damage.
Supreme Court Curbs Power of Regulatory Agencies Like FCC
Supreme Court Puts Biden Policies Like Net Neutrality at Risk
Supreme Court Decision in Loper Jeopardizes Net Neutrality
Net Neutrality is an interesting first test of this new legal paradigm.
Because it is a huge – PENDING – power grab by unelected bureaucrats.
It isn’t yet been enacted.
ISPs Seek Halt of Net Neutrality Rules Before They Take Effect Next Month:
“Fate of net neutrality may hinge on Supreme Court’s ‘major questions’ doctrine.”
“(A) principle of statutory interpretation applied in United States administrative law cases which states that courts will presume that Congress does not delegate to executive agencies issues of major political or economic significance.”
That’s Chevron. Or…was Chevron.
So the FCC has an opportunity here.
Congress has never, EVER passed a law with the words “Net Neutrality” in it.
So the FCC has never, EVER had the authority to impose it.
So what do the FCC’s unelected bureaucrats do?
They can acknowledge they don’t have the authority – and withdraw their Net Neutrality power grab. Humility.
Or they can bull forward – and be the first lawsuit recipient in the post-Chevron world. Hubris.
And herein lies the giant chink in the post-Chevron armor.
None of the millions of unelected bureaucrats – got any less hubristic on Friday.
Plus – there are a lot of Leftist law firms they’d like to continue hiring – to continue defending their hubristic power grabs.
So they’ll almost certainly keep making hubristic power grabs.
So while overturning Chevron is important AFTER the power grabs – it’ll likely do nothing to PREVENT the power grabs.
Millions of bureaucrats will likely be paraphrasing President Andrew Jackson:
“(The Court) made its decision – now let (them) enforce it.”
So to the courts we shall be going.
Pessimistically – to fend off the many new power grabs.
Optimistically – to reverse many thousands of old power grabs….