From Townhall.com (June 28):
The Supreme Court on Friday morning announced its opinion in Loper Bright Enterprises v. Raimondo and dealt a significant blow to the administrative state and the power wielded by federal bureaucrats.
The 6-3 ruling saw Chief Justice John Roberts joined by Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett in the majority while Justices Kagan, Sotomayor, and Jackson dissented.
Originating with the Supreme Court’s 1984 opinion in Chevron U.S.A. v. Natural Resources Defense Council, Stanford Law defines the doctrine as “the idea that in litigation over federal agency action, the courts will defer to the agency’s own construction of its operating statute, unless that construction is outside the range of reasonableness, usually because the meaning of the statute is clear.”
As applied over the last few decades, Chevron deference gave “the executive branch considerable leeway in determining the scope of its own power” and grew to become “a central pillar of the modern administrative state” as “a systemic thumb-on-the-scales in favor of the government’s view of the meaning of the statute, even if that view changes with political winds and even if it contradicts earlier judicial interpretation,” Stanford Law’s explanation states.
The majority’s opinion penned by Chief Justice Roberts states that "Chevron is overruled" and "[c]ourts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority."
"Careful attention to the judgment of the Executive Branch may help inform that inquiry," Roberts writes. "And when a particular statute delegates authority to an agency consistent with constitutional limits, courts must respect the delegation, while ensuring that the agency acts within it." [read more]
Good! It's about time Congress writes its own regulations instead of leaving it up to unelected, unaccountable government agencies to do their job which they can blame later on, saying it's not Congress' fault. The Left will bitch and cry, of course, because the behemoth administrative state is losing its regulatory power.
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