Commercial fishermen land a big one: SCOTUS overturns the "Chevron doctrine"

[dude58677]

Can you see a Seinfeld episode of the Chevron Doctrine being overturned?

I can see a Seinfeld episode over the Chevron Doctrine being overturned if the show was still on the air?

Newman gets appointed to be in charge of rule -making for the postal service and comes up with an interpretation to put Jerry away for good even with very little evidence. The rule that Newman comes up with is that it is frivolous to defend yourself in court over mail
fraud and Jerry gets arrested. When arrested the postal inspectors tell Jerry what he is arrested for such as violation of postal regulations and Jerry says to himself “Newman “. Jerry meets Newman and says there is no proof of his wrongdoing. Newman says with an evil laugh “Not so fast funny boy” and tell him about the Chevron Doctrine. In court the Judge says because of the Chevron Doctrine, Jerry is guilty and must go to jail. Kramer hires Jackie Chiles to defend Jerry and says in court “Chevron Doctrine? This is preposterous and outrageous.” The Supreme Court Justice Art Van Delay reads the opinion overturning the Chevron Doctrine and Jerry is free to go. The episode ends with Newman having a panic attack and Jerry laughing at Newman saying “That’s a shame!”

 

[Occam's Banana]

THREAD: Rand Joins Efforts to Retake Legislative Authority from Unaccountable Administrative State

Dr. Paul Joins Sen. Schmitt in Efforts to Retake Legislative Authority from Unaccountable Administrative State

WASHINGTON, D.C. – Following the Supreme Court’s ruling in Loper Bright, U.S. Senator Rand Paul (R-KY) joined U.S. Senator Eric Schmitt (R-MO) today in launching a major effort to retake legislative authority away from administrative agencies and place it back where it belongs: the Article I branch. That major effort includes the filing of the Separation of Powers Restoration Act (SOPRA), the launching of a working group of Senators that will regularly meet to discuss furthering this goal, and letters to 101 agencies that have published more than 50 final rules since 2000 demanding answers on how current regulatory processes will be handled following the Loper Bright decision:

“The whims of an unaccountable administrative state should never rule our lives. The Supreme Court’s decision to dismantle Chevron deference stripped away some of the power it wrongly gave to unelected bureaucrats years ago, but there’s still work to do. It’s time for the Senate to rein in administrative overreach and restore Courts to their proper, constitutionally assigned role as the interpreters of the law. I’m proud to join Senator Schmitt in working for a more transparent, accountable, and restrained government in the post-Chevron era,” said Dr. Rand Paul.

“The Supreme Court’s decision in Loper Bright was a critical blow to the disastrous Chevron deference standard and represents an opportunity to Congress to retake legislative power from agencies and dismantle the administrative state. For far too long, the deck has been stacked against citizens while these all-powerful alphabet soup agencies run roughshod. Congress has abdicated its duty to legislate to nameless and faceless bureaucrats at agencies dotted around D.C. – it’s time to take that power back and return to a truly representative government. I’m proud to lead my colleagues in working to continue to dismantle the administrative state following the Supreme Court’s decision in Loper Bright,” said Senator Eric Schmitt.

BACKGROUND:

The Separation of Powers Restoration Act (SOPRA) places a de novo standard of review within the Administrative Procedure Act, ending unconstitutional executive deference standards once and for all. Under a de novo standard of review, courts will weigh the merits of the argument without a deference standard to either side, placing American citizens and businesses—either caught on the wrong side of a regulatory enforcement action or challenging the validity of agency action—on an equal footing in court with an administrative agency. Earlier this Congress, the House passed the same bill on a party line vote. Senators Ted Cruz (R-TX), Kevin Cramer (R-ND), Joni Ernst (R-IA), Mike Braun (R-IN), Tommy Tuberville (R-AL), John Thune (R-SD), Ted Budd (R-NC), Bill Hagerty (R-TN) and Marsha Blackburn (R-TN) co-sponsored this legislation. Representative Fitzgerald (R-WI-05) introduced the House companion to SOPRA.

You can read the Separation of Powers Restoration Act HERE.

In addition to SOPRA, Dr. Paul and Sen. Schmitt are establishing a Post-Chevron working group, which will regularly meet to discuss how to assess the monumental decision in Loper Bright, how to best limit the unlawful exercise of power by the administrative state, and how the Senate can more effectively legislate on matters that regularly would’ve been left up to agency deference. Senators Rick Scott (R-FL), John Cornyn (R-TX), Ted Cruz (R-TX), Kevin Cramer (R-ND), Joni Ernst (R-IA), Cynthia Lummis (R-WY), Mike Braun (R-IN), Tommy Tuberville (R-AL), Thom Tillis (R-NC), Ted Budd (R-NC), Pete Ricketts (R-NE), Roger Marshall (R-KS), Bill Hagerty (R-TN), Marsha Blackburn (R-TN), John Thune (R-SD), and Ron Johnson (R-WI) are all part of the working group.

Lastly, Dr. Paul, Sen. Schmitt, and several of their fellow senators are in the process of sending oversight letters to 101 agencies that have published over 50 final rules since the year 2000. Those agencies will include the Department of Health and Human Services, the Food and Drug Administration, the Department of Commerce, the Securities and Exchange Commission, the Department of Transportation, and many others. In the letters, the Senators will ask for more information on ongoing rulemaking, civil enforcement actions, and adjudications by said agencies and how the Loper Bright decision impacts all of those actions moving forward, so that the Senators can better conduct oversight over those agencies. Senators Rick Scott (R-FL), John Cornyn (R-TX), Ted Cruz (R-TX), Kevin Cramer (R-ND), Joni Ernst (R-IA), Cynthia Lummis (R-WY), Mike Braun (R-IN), Tommy Tuberville (R-AL), Thom Tillis (R-NC), Ted Budd (R-NC), Pete Ricketts (R-NE), Mike Lee (R-UT), Roger Marshall (R-KS), Marsha Blackburn (R-TN), Bill Hagerty (R-TN), Ron Johnson (R-WI), and John Thune (R-SD) all joined these letters.

You can read an example of the oversight letter HERE.

Along with these efforts, Dr. Paul participated in a bicameral press conference this past week to discuss the impact of the Supreme Court's decision in Loper Bright, which overturned the longstanding Chevron doctrine. You can watch his remarks at the press conference HERE.

Also, this week, Dr. Paul announced he will introduce a new version of his REINS Act which will further check federal overreach and ensure Americans have the tools needed to defend their rights against the administrative state.

 

[Occam's Banana]

Phil Mauriello on Why the Chevron Deference Overturn Is So Important
The Bob Murphy Show: Episode 332
https://www.youtube.com/watch?v=uCtleQsp5Ok
{Robert Murphy | 16 July 2024}

Attorney and co-host of the California Underground podcast Phil Mauriello joins Bob to explain the original Supreme Court Chevron ruling, the impact it had, and the legal rationale behind the recent overturning of the doctrine.

Mentioned in the Episode and Other Links of Interest:

• The YouTube version of this interview. [see below - OB]
• The Monetary Metals 12% silver opportunity.
• Phil Mauriello’s bio page at his podcast, “California Underground.”
• Help support the Bob Murphy Show.

 

[Matt Collins]

https://youtu.be/r0XHKnVQBMQ

 

[Swordsmyth]

The administrative state is unraveling as hundreds of unconstitutional rules are being challenged after the Loper Bright decision.

Rules range from SEC mandates and anti-farming rules to transgender mandates and citizenship for migrants.

The left, gloriously, is panicking. pic.twitter.com/4GFbFWyUTh

— Peter St Onge, Ph.D. (@profstonge) September 19, 2024

https://twitter.com/profstonge/status/1836744549181407331

 

[Occam's Banana]

THREAD: Elon Musk and Vivek Ramaswamy: The DOGE Plan to Reform Government

FTA [archive: https://archive.ph/53txb ; bold emphasis added]:

We are assisting the Trump transition team to identify and hire a lean team of small-government crusaders, including some of the sharpest technical and legal minds in America. This team will work in the new administration closely with the White House Office of Management and Budget. The two of us will advise DOGE at every step to pursue three major kinds of reform: regulatory rescissions, administrative reductions and cost savings. We will focus particularly on driving change through executive action based on existing legislation rather than by passing new laws. Our North Star for reform will be the U.S. Constitution, with a focus on two critical Supreme Court rulings issued during President Biden’s tenure.

In West Virginia v. Environmental Protection Agency (2022), the justices held that agencies can’t impose regulations dealing with major economic or policy questions unless Congress specifically authorizes them to do so. In Loper Bright v. Raimondo (2024), the court overturned the Chevron doctrine and held that federal courts should no longer defer to federal agencies’ interpretations of the law or their own rulemaking authority. Together, these cases suggest that a plethora of current federal regulations exceed the authority Congress has granted under the law.

DOGE will work with legal experts embedded in government agencies, aided by advanced technology, to apply these rulings to federal regulations enacted by such agencies. DOGE will present this list of regulations to President Trump, who can, by executive action, immediately pause the enforcement of those regulations and initiate the process for review and rescission. This would liberate individuals and businesses from illicit regulations never passed by Congress and stimulate the U.S. economy.

When the president nullifies thousands of such regulations, critics will allege executive overreach. In fact, it will be correcting the executive overreach of thousands of regulations promulgated by administrative fiat that were never authorized by Congress. The president owes lawmaking deference to Congress, not to bureaucrats deep within federal agencies. The use of executive orders to substitute for lawmaking by adding burdensome new rules is a constitutional affront, but the use of executive orders to roll back regulations that wrongly bypassed Congress is legitimate and necessary to comply with the Supreme Court’s recent mandates. And after those regulations are fully rescinded, a future president couldn’t simply flip the switch and revive them but would instead have to ask Congress to do so.

A drastic reduction in federal regulations provides sound industrial logic for mass head-count reductions across the federal bureaucracy. [...]