Is SCOTUS About To Destroy the Administrative State? Watch Loper Bright Enterprises vs. Raimondo Like A Hawk!
(townhall.com)
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Remember the layoff of Federal employees that Trump spoke of? This is the first step of job elimination. Damn exciting!
This sums up the significance pretty well...
That’s how you get the ATF banning bump stocks despite there being no actual statutory allowance for such a violation of personal freedom. It’s also how you get the lion’s share of environmental regulations, including literal puddles in backyards being hit with ridiculous, costly EPA enforcement. The federal government has been completely out of control for decades, and the Chevron Doctrine has been at the heart of many of the abuses.
Interesting
Explain this to me like i’m a 6 year old please. My reading comprehension only goes so far
It is about separation of powers. Regulatory agencies like the EPA and ATF pass what they call “rules”. These so-called rules have penalties that can remove a person’s liberty (jail). Only infraction of laws can result in such stiff penalties.
Only the Legislative branch (Congress) can pass laws on a federal level. The regulatory agencies are on the Executive branch which cannot pass laws.
The EPA, ATF, IRS, and others have “rules” that clearly violate the separation of powers and as such are unconstitutional. Following this same logic, all executive orders are similarly unconstitutional.
This case and others like it seek to overturn the Chevron decision by USSC in the 1980s that decided regulatory agencies can make up whatever shit they want under the guise of “interpretation” of legislative intent.
GC
Thank you.
Thank you for picking the ball up for me, Much Obliged!
u/#Classywow
Good explanation...I refer to it as "regulation without representation" If chevron is overthrown, our legislators would actually have to pass these regulations... and they would not be so hasty because they want re-elected...
I haven't looked into the specifics of this case so this could be way off base....
But doesn't the recent EPA ruling suggest the way SCOTUS is going to rule here?
Hopeful.
I’m not an attorney, but it seems anyone with a legal background is considering this to be a slam-dunk against the agencies. I have hope.
GC
I have one more family event coming up, (A breakfast) that I know of, but I will definitely be back around 7 EST. I will try to do it at that time.