The Constitution did that a long time ago as well with the separation of powers.
The sad part though is in order to undo all of the regs still on the books there will need to be court cases against the agencies. We will also have to be careful with that because the Uniparty could just codify all of them.
SCOTUS should've simply ruled that all of the regs created outside of CONgress must be codified or eliminated in 120 days. It's a pipe dream though.
There only needed to be one court case and it has been ruled on by SCOTUS when it eliminated Chevron deference. All that needs be done now is to remove the trash.
So, which means that the ATF can be disbanded through execuative order. Since they are part of the executive branch, DOGE can mass-layoff them, correct?
That is incorrect. Yes - the Chevron Deference was killed in the Loper Bright and Relentless SCOTUS cases. I've been talking about that for over a year on here.
However there will have to be cases to sue these agencies (like ATF or EPA) to force CONgress to codify legislation - it doesn't just happen by magic. There is another deference called Skidmore. Skidmore deference is a judicial review principle that allows federal courts to consider an agency's interpretation of a statute. Courts will use this until it gets overturned at some point. I expect to see suits going both ways until this whole thing is hashed out completely.
Here is a good article from the American Bar Association. Note - arguing the Bar is from the Crown means nothing - these are the people that will argue regardless...
This is from their summary at the top of the article:
Loper Bright and Relentless represent a seismic shift in the level of deference afforded to administrative agency interpretations that has applied for nearly forty years.
No longer are courts required to defer to agency interpretation of ambiguous statutes. Rather, courts are now instructed to utilize normal rules of statutory interpretation to determine the ambiguity themselves.
The Supreme Court did recognize that, in certain situations, agency deference may still be warranted (like when Congress explicitly requires it) and also recognized that lesser forms of agency deference (like Skidmore deference) may still be appropriate in certain circumstances.
The fallout from Loper Bright and Relentless, as well as what it means for the 18,000-plus cases decided on Chevron deference grounds in the past, is unclear.
100%. I want a definitive way to shut down agencies like EPA, ATF, DOE (Educ.), and probably others. I also want a definitive way to remove all of the illegal regulations without needing billions of dollars spent in litigation and years spent trying to run out the clock.
Every so-called regulation and 'law' created out of thin air by the ATF is unconstitutional.
SCOTUS has already ruled that only Congress has the power to make laws.
IRS as well
The Constitution did that a long time ago as well with the separation of powers.
The sad part though is in order to undo all of the regs still on the books there will need to be court cases against the agencies. We will also have to be careful with that because the Uniparty could just codify all of them.
SCOTUS should've simply ruled that all of the regs created outside of CONgress must be codified or eliminated in 120 days. It's a pipe dream though.
There only needed to be one court case and it has been ruled on by SCOTUS when it eliminated Chevron deference. All that needs be done now is to remove the trash.
So, which means that the ATF can be disbanded through execuative order. Since they are part of the executive branch, DOGE can mass-layoff them, correct?
That is incorrect. Yes - the Chevron Deference was killed in the Loper Bright and Relentless SCOTUS cases. I've been talking about that for over a year on here.
However there will have to be cases to sue these agencies (like ATF or EPA) to force CONgress to codify legislation - it doesn't just happen by magic. There is another deference called Skidmore. Skidmore deference is a judicial review principle that allows federal courts to consider an agency's interpretation of a statute. Courts will use this until it gets overturned at some point. I expect to see suits going both ways until this whole thing is hashed out completely.
Here is a good article from the American Bar Association. Note - arguing the Bar is from the Crown means nothing - these are the people that will argue regardless...
This is from their summary at the top of the article:
https://www.americanbar.org/groups/business_law/resources/business-law-today/2024-august/end-chevron-deference-what-does-it-mean-what-comes-next/
Like many decisions lately, SCOTUS has taken the cowards way out.
They rule one way on something but then stay their own ruling making the ruling almost useless in the original case.
100%. I want a definitive way to shut down agencies like EPA, ATF, DOE (Educ.), and probably others. I also want a definitive way to remove all of the illegal regulations without needing billions of dollars spent in litigation and years spent trying to run out the clock.
That would also apply to executive orders