Supreme Court’s Chevron overturn a victory for the little guy, not for big business

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Supreme Court’s Chevron overturn a victory for the little guy, not for big business

After the US Supreme Court curtailed the powers of federal agencies in two cases last week, progressive critics predictably complained that the decisions favored “big business,” “corporate interests” and “the wealthy and powerful.”

That gloss overlooked the reality that people with little wealth or power frequently are forced to contend with overweening bureaucrats who invent their own authority and play by their own rules.

In the more consequential case, the court repudiated the Chevron doctrine, which required that judges defer to a federal agency’s “permissible” interpretation of an “ambiguous” statute.

The majority said that rule, which the court established in 1984, was unworkable (creating “an eternal fog of uncertainty” about what the law allows or requires) and fundamentally misguided (allowing the executive branch to usurp a judicial function).

Although People for the American Way perceived a win for “the corporate interests that have been itching to gut the power of federal agencies to protect our health and welfare,” the dispute at the center of the case complicates that picture.

Two family-owned fishing operations objected to onerous regulatory fees they said had never been authorized by Congress.

 
The SEC, Gorsuch noted, sought to “penalize citizens without a jury, without an independent judge, and under procedures foreign to our courts.”

That approach, he said, violated constitutional constraints that “ensure even the least popular among us has an independent judge and a jury of his peers resolve his case under procedures designed to ensure a fair trial in a fair forum.”

Defenders of the administrative state seem to assume that federal agencies inerrantly target greedy villains who bilk the unwary, undermine public safety, or threaten the environment.

But “while incursions on old rights may begin in cases against the unpopular,” Gorsuch observed, “they rarely end there.”
 

Supreme Court’s Chevron overturn a victory for the little guy, not for big business

After the US Supreme Court curtailed the powers of federal agencies in two cases last week, progressive critics predictably complained that the decisions favored “big business,” “corporate interests” and “the wealthy and powerful.”

That gloss overlooked the reality that people with little wealth or power frequently are forced to contend with overweening bureaucrats who invent their own authority and play by their own rules.

In the more consequential case, the court repudiated the Chevron doctrine, which required that judges defer to a federal agency’s “permissible” interpretation of an “ambiguous” statute.

The majority said that rule, which the court established in 1984, was unworkable (creating “an eternal fog of uncertainty” about what the law allows or requires) and fundamentally misguided (allowing the executive branch to usurp a judicial function).

Although People for the American Way perceived a win for “the corporate interests that have been itching to gut the power of federal agencies to protect our health and welfare,” the dispute at the center of the case complicates that picture.

Two family-owned fishing operations objected to onerous regulatory fees they said had never been authorized by Congress.

this development is

DOUBLEPLUSGOOD!
:magagrin:
 
Opinion page dog shit
boy-meets-world-laughing.gif
 
I would think that the so called libertarians would be cheering this decision and giving far more support to Trump. this decision is capable of reducing the size of government and getting rid of dozens of useless agencies and departments.
 
I would think that the so called libertarians would be cheering this decision and giving far more support to Trump. this decision is capable of reducing the size of government and getting rid of dozens of useless agencies and departments.
Why for Trump?

Biden is the only one given this power dip shit hole
 
I would think that the so called libertarians would be cheering this decision and giving far more support to Trump. this decision is capable of reducing the size of government and getting rid of dozens of useless agencies and departments.
libertarians are deep state international fascist coksuks now.

they're trying to undo the presidential treaty power in the other thread.
 
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