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Will Chevron finally run out of gas?

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Posted By: DVC, 8/2/2023 11:33:06 AM

The Chevron doctrine is a rule adopted by the Supreme Court in 1984. It says that when the language of a statute is ambiguous, a court must defer to the regulatory agency's interpretation and may not substitute its own judgment. [snip] .....as agencies have learned to game the system and to leverage any scintilla of ambiguity into a wholesale assertion of authority. The Supreme Court has begun saying "enough" and has developed some caveats to check this game. For example, the newly articulated "major questions doctrine" is essentially the anti-Chevron: if an issue is big enough, then ambiguity dictates that the agency not receive deference.

Comments:

I think that there is a high probability that the Chevron ruling will be overturned. This will be a huge blow for freedom against the entrenched, unelected, power-grabbing bureaucratic state.
They have agreed to hear the case, but the schedule for arguments is "TBD", so we don't know when it will be argued before the court, let alone decided.

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Reply 1 - Posted by: MickTurn 8/2/2023 11:51:12 AM (No. 1525822)
As I have said/posted many times, The solution is to NOT TRUST the Bureaucracies with that much POWER, it's obvious they are abusing it! Any and ALL policy decisions for any reason must be approved by 2/3 of the Congress (yes both house and senate), and signed by POTUS. Further, a review of all bureaucratic policies on the books should be made to determine how far they stepped outside their authority already, and cancel those! This would apply to the DOJ, FBI as well. Violation of this should mean all the bureaucrats that bypassed this process should get 15 years in PRISON. That will get their Attention!
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Reply 2 - Posted by: volksford 8/2/2023 12:26:31 PM (No. 1525844)
Bureaucrats run the country and the politicians run for the next election.
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Reply 3 - Posted by: DVC 8/2/2023 12:44:50 PM (No. 1525854)
If the Chevron SCOTUS ruling of 1984 is overturned, bureaucrats will no longer be able to twist ambiguity in the laws into massive overreach. Much of what we have been subjected to by EPA and other bureaucracies is massively beyond the actual laws and has been OK'd by courts under the Chevron ruling which gave presumption of correctness to the bureaucracy in whatever interpretation of the law they wanted. Without Chevron, the bureaucrats will be forced to prove in court that their interpretation of the law is correct, not just have a court block any attempts to force accountability by saying "Chevron gives presumption of correctness to the bureaucracy". Ending that presumption of the bureaucracy always being right will go a long way to trimming their wrongly usurped powers. They've been abusing power for almost 40 years, time to stop it.
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Reply 4 - Posted by: NessunDorma 8/2/2023 12:49:22 PM (No. 1525858)
"Congress has proved unequal to the task of responding to this pervasive agency overreach and now has less of a role in policymaking than in the pre-Chevron era." You said a mouthful, pal. Congress has proved unequal to any of the tasks assigned to them, the lazy sots. I often wonder why we even bother.
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The Chevron doctrine is a rule adopted by the Supreme Court in 1984. It says that when the language of a statute is ambiguous, a court must defer to the regulatory agency's interpretation and may not substitute its own judgment. [snip] .....as agencies have learned to game the system and to leverage any scintilla of ambiguity into a wholesale assertion of authority. The Supreme Court has begun saying "enough" and has developed some caveats to check this game. For example, the newly articulated "major questions doctrine" is essentially the anti-Chevron: if an issue is big enough, then ambiguity dictates that the agency not receive deference.
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