That's why the Gorsuch appointment was so important. I was surprised he didn't author the opinion, because he had signaled that it should probably be reversed before he was on SCOTUS. I still can't believe it's been overturned. I haven't felt this way - like a kid on Christmas - since a couple of weeks after Trump was in office.
It's almost impossible to overstate what this will allow Trump to do when he gets back in. The "Dictator" has returned power to the people by dismantling the agencies and "rules" that are really laws, which are made by the true dictators. He doesn't even have to do it. It's like he planted a poison pill that was activated after he walked a way. I don't think there's any going back from this for the deep state. Nothing Can Stop What is Coming.
Very interesting post. Never knew about Scalia and the Chevron connection.
BTW, it looks like he started changing his mind right before he got killed.
Coincidence?
Thanks for that link. A good, legal read. It shows what a tough issue this was.
Fantastic book
This backstory has overtones of the Pelican Brief.
Hmm.. gotta reread that book
The movie is well done. The book covers more of the similar plot lines.
Excellent scholarship. Thank you.
Wow...this is getting dasting bb! Thanks for the info..
Great post! 👏 u/HelloDolly
This. I have said the same. Not as eloquently, but this takes down the house of cards. I would again remind folks of Kim Clements prophecy that The Lord promised something so simple, so brilliant, it could only have come from Him.
Another thing this surprise reminds me of was Trumps announcement of eliminating thousands of regulations. He was in the middle of a storm of staff changes, press attacks, the usual Trump chaos and out of no where, he annouces the success of this humongous accomplishment. Like his visit to North Korea. He never takes his eye off the ball.
And July is already looking to be strange in many ways ...
AND... August is hot.
We just got home via the southwest freeway in DC and down the Suitland Parkway which is the road taken from Andrew's airforce base to the city. It passes through some of the most dangerous areas and for the last few years, it looked like a garbage dump. It's been cleaned up. 98% of the trash is gone, the grass has been cut and there was a park police car on that road. Never saw that in over 50 years. Shock and awe.
I knew that about Scalia but not about Gorsuch. I like your analysis. It's like Trump planted a seed, stepped away to let it grow (Biden time) so the court did not look like a Trump takeover, and then blossom time.
Exactly this! ☝️
Bye-bye, "green" madness
Return the Power back to the People. That is exactly what Trump said he would do. Has this been the plan all along??!!! The Left can't possibly get their people to protest this, because they are so dumb, they can't understand it.
WORD !!!!!!!!!!!!!!!!!
This is HUUUUGE
Mike Davis and Bannon on Warroom this am discussing this.
Does this eliminate tax "laws"?
This is where it gets tricky. The government has obfuscated what are laws versus what are regulations created by the deep state in the administrative agencies. If I had to guess I'd say maybe 75% of the crap out of the IRS was never codified into law by the CONgress. Same for all of them really - ATF, Dept of Ed, Dept of Interior - maybe even the State Department.
I think this will be even bigger than we thought - even those of us that actually knew what the Chevron Deference was and followed the case. I didn't even think about the State Dept until I was writing this. Are passport rules "regulations" or "laws"? See where this could go?
This is a huge win when we think of the big fights coming.... climate hoax, plandemic (vaccine) mandates, gender reversals, et al....
Good detail. Unexpected. I did not know that.
I totally agree. This is a HUGE deal.
Surprisingly, I remember reading an article written several years back, before Trump came on the scene, where Chief Justice Roberts talked about revisiting old cases which may need to be overturned.
Things are taking a BIG turn, lately.
Past 48 hours have been monumental.
Brandon showing the world his incompetence, and how the media has been lying to the People and covering it up.
Trump calling him "Brandon." (LOL)
House potentially FINALLY invoking their inherent power to jail government employees who refuse to be held accountable (AG Garland).
And all those Supreme Court decisions that are pointing towards getting back to Rule of Law and the rogue government getting back under constitutional control.
The "odd one out" sticks out like a sore thumb to me.
The social media case where the SCOTUS said that the parties lacked standing. WTF, right? But maybe not. This might actually be a sign of good things to come.
In one of the recent cases (I've been busy, and not much time to really dig), Roberts mentioned that common law was primarily for cases involving monetary compensation and fraud. Other cases would be equity cases (this is a gross simplification on my part).
I think this might be a hint that SCOTUS is getting back to constitutional law. The "licensed attorneys" have no clue about constitutional law. They think common law is a thing of the past. But it is not. I think Roberts is hinting at that.
Anyway, if the social media case was not properly argued by the attorneys, then it would make sense that the parties might not have standing. This could have been the problem with the election cases, as well.
It is possible that today's attorneys have been so misinformed about the law (via law school, the monopoly of the BAR association, and their own echo chamber), that they are filing their paperwork incorrectly, and thereby losing cases. This might be the beginning of getting back to consitutional law. Or maybe I am dreaming.
I believe the SCOTUS "lacks standing" in the social media case might be because some really big case may be coming say...maybe...Rico case involving all of the criminals conspiring together. A girl can hope and pray right?
lol damn i missed Trump calling him Brandon. Was that during the debate??
Yep, was funny
Thanks for the stickie Mods!
This is a great decision, now the SC must also give up the Commerce Claus to even things out on their stretching the law to cover decisions that they shouldn't rule on, or should rule the other way on!
Power grabs are like rust on a car to me. You gotta be diligent in maintaining but over time almost doesn't matter what you do. Going to have to rebuild.
deep state apparatus just keeps on getting hobbled!
Yup - and if trials ever happen many of them could even get bobbled. As in bobble heads. I think that's what happens when someone's neck gets extended and broken as a result of a quick drop.
I'm a regulatory attorney and not mourning this decision, trust me. But folks also have to be tempered in their understanding of what federal agencies can and should do. For example...I don't want courts or Congress deciding the specifics when it comes to landing light and taxiway procedures on airfields, or interference thresholds when using wireless frequencies. Leave those up to the FAA and FCC. Otherwise expect runway incursions and all of your communication devices not working when you wake up one morning. It's a tricky subject matter....
Excellent point. "Balancing" is a bit of overused sometimes, but applies here. The power grab is the target and concern. I do believe that the important things you mention run the risk of being neglected due to the sheer volume of nonsense regulations.
Precisely! I have been neck deep in (mostly) FCC and FAA matters my entire professional career (post-Chevron, obviously) and I don't have the perfect solution. But folks talking about complete dismantling of all agencies is honestly crazy. Education? Absolutely. DHHS and EPA? Sure, 70-90% of it. But when you start talking about DOT regs dictating minimum lane width on federally funded interstates and crash-performance ratings on guardrails....these are not "crazy" ideas..
Well how do you build something to stop these agencies from creeping up in scale until they become The monstrous, bloated, ineffective and useless entities they are today?
$64K question. Or I guess now the $37T question!? In a perfect world it would be noble public servants. But when we have unemployed and mistreated vets, and a VA that is hugely funded and well staffed....but yet can't take care of them properly...what does that say? I wish we all had the answers.
Chevron was around for only 40ish years. How did such things as you cite work before then? What was the legal constitutional theory pre-Chevron?
I feel the same! I don't think the normies understand what happened.
Nobody's perfect
Some sins are more deadly than others. Transferring the priests was inadequate punishment for their sins too. But like Zoro Ranch , his ranch visit may satisfy...someone.
The NGOs can't be happy. The money they get from let's say a green new scam will dry up. The 10% they give back to all the big guys will dry up as well. Soros has to be crying today.
Scalia is murdered on a hunting ranch in Texas and all you say is "God Works in Mysterious Ways." What a fucking stupid consequential association you have made.
For your information the original Chevron decision was decided 6-0 in 1984. Scalia was not on the USSC until 1986. No Reagan appointee voted for it (Sandra Day O'Connor recused herself).
Roberts as Chief Justice assigns who writes what opinions. It is unmistakeable fact that Gorsuch's 10th Circuit opinion informed the favorable outcome of Loper in overturning Chevron (1984).
Scalia was, as most jusitces were, a supporter of Chevron intially, but later expressed misgivings about Chevron's misapplication as the Administrative over reaches became more apparent.
You would prefer Karma ? Lot's of little boy chatter.