BREAKING NEWS: Weather
The justices next term will consider whether to overturn a decades-old precedent that grants agencies deference when Congress left ambiguity in a statute.
Named for the court’s decision in Chevron U.S.A. v. Natural Resources Defense Council, the Chevron deference has become one of the most frequently cited precedents in administrative law since the decision was first handed down in 1984.
It involves a two-step test: first, judges decide if Congress has in the statute directly spoken to the precise question at issue. If it is ambiguous, courts defer to agencies as long as their actions are based on a “permissible construction.”
Some of the high court’s conservatives have raised concern about the precedent and how it has expanded the reach of agencies’ authority....
Zack Schonfeld, in The Hill
"All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." Article 1 Section 1 US Constitution
ReplyDeleteNo bureaucratic regulation should be considered law, only Congress or state legislatures can make laws.
Penalties for violating bureaucratic regulations should never be a felony, or subject to imprisonment.
Bureaucrats have far to much power.
https://www.americanpartisan.org/2023/05/all-9-supreme-court-justices-issue-rare-statement-after-leftist-attacks-on-conservative-justices/
ReplyDeleteNegating regulatory authority in the Executive branch is a new twist on the Enabling Act, just when we need it least. It's not like the Supreme Court wouldn't protect the authority of traditionalists and big business. The reason they look so illegitimate now is selective decisionmaking, different strokes for different folks.
ReplyDelete
ReplyDelete" The reason they look so illegitimate now is selective decisionmaking, different strokes for different folks."
And then, on occasion, there is a flash of understanding...
Now apply it to BOTH left and right.