On June 28 of this year, the Supreme Court finally undid four-plus decades of its own idiocy.
Chevron Overturned, Federal Agency Deference Over:
“Under the Chevron regime, courts deferred to reasonable agency interpretations of the statutes administered by those agencies, even if a reviewing court read the statute differently….
“In overruling Chevron, the Supreme Court dramatically reduces the authority of experts at administrative agencies to interpret the agencies’ underlying statutes and gives this authority to the courts.”
The preceding near-half-century – can best be described thus….
Supreme Court Rules Bureaucrats Can Set Their Own Power Limits; No Bureaucrats Find Any
Unfortunately, the following is also empirically true…
Humility v Hubris: Chevron’s Demise Likely Won’t Prevent Any Power Grabs:
“And herein lies the giant chink in the post-Chevron armor.
“None of the millions of unelected bureaucrats – got any less hubristic on Friday….
“So they’ll almost certainly keep making hubristic power grabs.”
Let us look at all of this – through the prism of Network Neutrality.
A GIANT government imposition on the Internet, its infrastructure – and the people who build it.
Except: Congress has never passed a law containing “Network Neutrality,” “Net Neutrality” – or anything remotely resembling the massive increase in government power it all represents.
Totally disinterested in the Constitution – and the impediments it represents – in October 2023 President Joe Biden’s Federal Communications Commission (FCC) made yet another FCC attempt to unilaterally impose Net Neutrality.
Which was prior to the Chevron overturn. That reversal – made it even less likely that the FCCs power grab would stand up to court scrutiny.
But bureaucrats remain steadfastly impervious to reality. And the Constitution. And its checks and balances.
Because bureaucrats – remain “confident” in their self-assigned limitless power.
Rosenworcel Confident FCC Rules Will Survive in Court:
“The Supreme Court has issued a series of rulings weakening the power of federal agencies. But Federal Communications Commission Chairwoman Jessica Rosenworcel told GOP lawmakers she’s not worried.
“‘The staff at the FCC work diligently to ensure that all regulations have a firm grounding in the law,’ she wrote in a letter posted Tuesday, ‘and I remain confident that the Commission’s rules and decisions will withstand judicial review under the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo and other applicable precedent.’”
Except the “other applicable precedent” – all works against the power grab.
In fact, we’ve already had a court ruling against the power grab.
The FCC’s Net Neutrality Rule Is Blocked, Again:
“This time, net neutrality will be blocked until the court says otherwise after reviewing the petitions from broadband providers who opposed the rule. Those internet service providers (ISPs) successfully showed they would likely succeed on the merits of their challenge, the panel of judges wrote.”
The court appears to be “confident” – that the FCCs power grab is without merit.
But the only precedent about which these “confident” bureaucrats care – is the “confidence” of their fellow bureaucrats.
Way back in December 2010, the Barack Obama FCC imposed Net Neutrality for the very first time in the concept’s infernal existence.
About which then-FCC Chairman Julius “Seizure” Genachowski was…”confident”:
“Genachowski indicates he is confident the FCC has a sound legal basis for its approach, and has the legal authority to enforce the framework….”
Except that confidence – was (shocker) unfounded….
Court Strikes Down Net Neutrality:
“(T)he three judge panel of the D.C. Circuit Court of Appeals…(said) the FCC acted outside its authority by enacting the rules.”
Did that end the “confident” bureaucrats’ push for the power grab? Heavens no…:
“(Genachowski successor) Chairman of the FCC Tom Wheeler says…’We will consider all available options….’”
Except: Guess what option Wheeler didn’t consider? Respecting the courts – and remaining within the confines of the Constitution and the law.
Guess what option Wheeler did consider? An even huger illegal power grab….
FCC Votes for Net Neutrality, a Ban on Paid Fast Lanes, and Title II
About which Wheeler was…wait for it…”confident”:
“(Wheeler’s) unsurprised by the lawsuits that broadband trade groups and companies like AT&T have filed…
“‘I’m confident that we’ll do well in that situation for a multitude of reasons’…”
“Confident” based upon…what? The court previously reversing a less powerful Net Neutrality power grab?
The judges dumped a 6-out-of-10 power grab. Yet he was “confident” they’d uphold a 9-out-of-10 power grab?
Thankfully, after Wheeler’s 9 – this happened….
Donald Trump Is Elected President in Stunning Repudiation of the Establishment
And then this happened….
The Trump Administration Just Voted to Repeal the U.S. Government’s Net Neutrality Rules
Thus, thankfully, ending that round of court cases looking to rein in our “confident” bureaucrats.
But then this HIGHLY dubious thing happened….
Joe Biden Wins US Presidential Election as Mail-In Votes Turn Key States Around
Which then led to the current, aforementioned Net Neutrality-Title II power grab.
We know this iteration of Net Neutrality is illegal.
Because all the previous iterations of Net Neutrality were illegal.
And this time – they don’t have the “Chevron deference” idiocy as cover.
All of which – and more – yet again reminds:
How hubristic and dangerous our “confident” bureaucrats are.