SCOTUS Overturns 'Chevron Deference' In Massive Blow To 'Administrative State'

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PDF copy of decision is provided in the Tweet above

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The Supreme Court’s reversal of Chevron awards federal courts an extraordinary amount of power over the everyday workings of government …

I would feel better about this if the federal courts were not stuffed with biased Democrat judges who imagine themselves to be little gods. Instead of an unaccountable agency bureaucrat making stupid decisions, we are likely to have unelected judges making stupid counter-productive decisions. Does anyone remember “bussing” and the harm that has done to untold numbers of students? Or what about the travesty of female admission to the Virginia Military Institute?

As the US sinks into the ocean, we may fondly remember the Good Old Days when judges were less able to indulge their whims.

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Tealeaves confirmed. Now comes the hard part.

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I’ll just say, better a judge than a bureaucrat.

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#MCTLA Make Congress The Legislature Again

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I subscribe (on substack) to Doomberg who writes articles mainly on energy. I removed the link for the bill he included in the first paragraph.

Here is a excerpt from his latest article:

In 1980, the US Congress got involved when it passed the *[Alaska National Interest Lands Conservation Act (ANILCA)], a bill meant to balance preserving Alaska’s beautiful environment with the state’s desire to develop its resources for the economic benefit of its citizens. Section 201(4)(b) of the law specifically calls out what has become known as the Ambler Road, and unequivocally orders the Secretary of the Interior to permit its construction:

Congress finds that there is a need for access for surface transportation purposes across the Western (Kobuk River) unit of the Gates of the Arctic National Preserve (from the Ambler Mining District to the Alaska Pipeline Haul Road) and the Secretary [of the Interior] shall permit such access in accordance with the provisions of this subsection.

Anticipating administrative stalling tactics and endless legal battles over the issue, Congress was unambiguous about its intent and outlined this further in the bill:

The Secretary [of the Interior] and the Secretary of Transportation shall jointly prepare an environmental and economic analysis solely for the purpose of determining the most desirable route for the right-of-way and terms and conditions which may be required for the issuance of that right-of-way. This analysis shall be completed within one year and the draft thereof within nine months of the receipt of the application and shall be prepared in lieu of an environmental impact statement which would otherwise be required under section 102(2)(C) of the National Environmental Policy Act. Such analysis shall be deemed to satisfy all requirements of that Act and shall not be subject to judicial review.

If only it were that easy.

The fact that this road has never been built when directed to by a bill that was passed by elected officials tells us everything we need to know.

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Signed into law on December 2, 1980 by Jimmy Carter

Interesting timing

Biden blocked the Ambler Road after Trump approved it.

Fortunately a Mexican wall will be much easier to build than a road!

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The Supreme Court has overturned the Chevron Deference doctrine, which had previously given federal agencies like the ATF broad authority to interpret ambiguous laws. [1] This is a major victory for gun owners, as the Chevron doctrine had allowed agencies to expand gun control measures beyond what Congress had intended. [1] The Court ruled that it is the role of the courts, not agencies, to resolve questions of statutory interpretation. [1] This decision will limit the ability of the Biden administration and future administrations to unilaterally rewrite gun laws through agency rulemaking, and will strengthen legal challenges to such actions. [1]

Sources
[1] 2A Victory: Supreme Court Overturns Chevron, Which Emboldened Agencies Like ATF for Decades | GOA https://www.gunowners.org/2a-victory-supreme-court-overturns-chevron-which-emboldened-agencies-like-atf-for-decades/

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@jdougan you have probably seen this already … the cartoonish comments are almost as bad as Reddit

I have seen it. I was suprised by how many reasonable comments there are. For the rest, alas, now you can see who the software crisis comes from.

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Before 2012 Hacker News had a lot of libertarians and anarchists and Ron Paul supporters. Then the communists slowly took over.

You know better than me

The lack of civics knowledge by supposedly smart educated tech nerds is disappointing and disturbing

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Is there a difference? Serious question.

Both are appointed, not elected (setting aside those few judges who are nominally elected). Both are subject to very limited overview. Both are very hard to remove for under-performance. And legislating from the Bench is quite comparable to bureaucratic rule-making.

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Although I admit it’s not easy, with the horrible examples of Their Honors Engoron and Merchan before me, as an attorney I HAVE to believe that in general, there usually is some difference between people educated in the law, and lay administrative functionaries.

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The difference is due process while regulators engage in extortion with impunity.

Another difference is the fourth branch of government needs to be gutted and kneecapped.

At least there are some conservative leaning judges. How many EPA employees lean right?

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Now there’s an idea! Like having a Constitution that guarantees the right to a speedy trial.

About those citizens who were invited to enter their own People’s House almost 4 years ago and are still being held without trial …

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Garland DOJ needs to be purged or worse

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