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“Quis custodiet ipsos custodes?”
A federal bureaucracy that was hardly supposed to exist long ago became the ruling class. Brought into existence by laws, the bureaucracy seized the power of the judiciary to make and interpret laws.
A key power shift came in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc (from appropriately enough, 1984) which allowed federal agencies to interpret the statutes that they implement.
Conservatives had long set their sights on overturning ‘Chevron Deference’ which was a key pillar of the administrative state.
And now here we are. Chevron is history.
Or as the majority ruling put it, courts “may not defer to an agency interpretation of the law simply because a statute is ambiguous.”
In other words, federal agencies can’t simply have their interpretation of their powers accepted by the courts.
Who watches the watchers.
In an especially revealing dissent, Justice Elena Kagan complained that a “longstanding precedent at the crux of administrative governance thus falls victim to a bald assertion of judicial authority… it puts courts at the apex of the administrative process as to every conceivable subject.”
What’s worse, having courts or unelected bureaucrats determining the power of the bureaucracy?
Few Americans would sympathize with Kagan’s desire to consolidate more authority in the administrative state.
Will lefties turn around and use this to even more ruthlessly assault the next Republican administration? I don’t doubt it in the least. But more checks and balances, and accountability, are better than less.
SPURWING PLOVER says
No more overriding the U.S. Constitution to pass Gun Control/Confiscation no more Enrimate Domane fording Farmers off their land to construct Carbon Capture Pipelines o more unconstitutional Clean Water Act overreach by the EPA as with the Sacketts in Idaho and end all UN Control of American Territory and ban Foreign Governments and Interests from Buying up and controlling American Territory and return all that farmland to the Original Owners No More Bill Gates controlling our food supply
Steve Smith says
Actually, this decison will do virtually nothing. That is because there is nothing that stops a leftist juge from reaching a desired outcome and the Supreme Court is too incompetent to enforce its decisions. As the SC noted, judges were already making decisions on agency authority while ignoring Chevron. Now they can do the same as they always have, without calling it Chevron.
No time to celebrate here folks.
Algorithmic Analyst says
Ambiguous language is liable to be interpreted in a bad way.
Kynarion Hellenis says
In contract law, ambiguity is construed against the drafter of the contract. I have always thought that a good principle.
Algorithmic Analyst says
Thanks KH!!!!!!
Greg says
The Democ-rat vision of utopia is governance by a global Department of Motor Vehicles that regulates human beings instead of cars. A number in a worldwide queue awaits us all in the Democ-rat Twilight Zone.
Johnny says
Love that picture. Funny how tragedy turns to triumph over time. RIP Timothy.
Dan Tyson says
The democ-rats will stop at nothing to gain as much power as possible, see the Jan 6 illegal Committe, a movie-production fiasco, to beat up on the repubs, these people are shameless !
Cat says
What word salad to support the adminstrative state! Kagan needs to go out for Chinese food and STHU.
Floyd Looney says
With the SEC they wanted you presumed guilty and deny you a day in court before passing sentence. They also want laws made by unelected, unaccountable bureaucracy.
But “our democracy” you know….
Chris Shugart says
In a sense, Kagan is right. The Judiciary does sit at the apex of the administrative process. But it’s an apex they share with the Executive and Legislative branches. She should know better.
aquasticky says
comments by legitimate commenters will be manually approved by a member of our team. If your comment is…,,….𝐜𝐨𝐢𝐧𝐬𝟐𝟓.𝐜𝐨𝐦
Chief Mac says
Now can we do the same for the courts? They routinely invent laws out of their asses. See Qualified Immunity as an unconstitutional ruling