Is SCOTUS About To Destroy the Administrative State? Watch Loper Bright Enterprises vs. Raimondo Like A Hawk!
(townhall.com)
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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.