The administrative state is unraveling as hundreds of unconstitutional rules are being challenged after the Loper Bright decision.
— Peter St Onge, Ph.D. (@profstonge) September 19, 2024
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
Some rare good news as left-wing mouthpiece, Politico, worries a recent Supreme Court decision will be "abused" to erase the "legacy of the Biden Harris nightmare." The decision in question of course is June's Loper v. Bright case that gutted Chevron Deference, as it said that major regulations actually have to be passed by Congress, not by unelected Deep State bureaucrats. This is because the Constitution very clearly states that Congress, who works for the people in theory, is supposed to make laws, not random bureaucrats who indisputably work for themselves.
Source: Article I, Section I of the U.S. Constitution.
Loper Bright gutted a "cornerstone of progressive policymaking their ability to sneak laws in through the administrative state and running voters," which, fun fact, converts democracy into tyranny. So what's upsetting Politico is that if Congress is supposed to make the rules, it turns out the vast majority of rules in existence at the moment were not made by Congress. They just sort of spawned from the moist bowels of the deep state. Politico is upset that "small government conservatives are suing to eliminate these apparently unconstitutional mandates." Worse for them, in a separate Supreme Court case Corner Post said that "there is no statute of limitations to challenging unconstitutional regulations," meaning they're all at risk even the old ones. So which moist spawnings in particular are at risk? Well, we're only two and a half months into Loper Bright and such things do move slowly, but we've already seen a Mississippi judge void transgender mandates; a Texas judge block an unconstitutional non-compete ban; and an Ohio appeals court block a rule regulating internet companies. Another Texas judge struck down so-called "parole in place" that puts illegals on a path to citizenship. They struck it down specifically because the rule "illegally bypassed Congress." Others involve former mandates, small business mandates, manufacturing, abortion benefits, price controls, and, of course, the Biden-Harris student loan bailouts that would make blue collars pay for other people's gender degrees. None of these were actually voted by Congress, meaning they are all gloriously unconstitutional. In theory, Congress could turn around and actually pass the rules, replacing bureaucratic diktat with clean law. In reality, almost no federal rules are actually popular; that's why Congress passes the buck in the first place. So in all likelihood, the vast majority of mandates that are struck down will stay down. Democrats know this and being the party of the administrative state they realize that even if cackles gets the White House they are losing the game. The activist industrial complex is being dethroned. Some major suits have already been filed, one to dismantle a massive market surveillance system run by the SEC. Other challenges a raft of "conservation measures on small farms that would drive them out of business." Many more suits are coming, perhaps tens of thousands given there are roughly half a million federal regulations almost none of which were actually authorized by Congress. As each mandate melts away, the economy gets stronger and the space for Liberty expands how you run your farm, how you run your business, earn a living, and how you educate your children. It may not feel like it, but we are winning. Thanks to the Constitution, things will get worse before they get better but we're turning the corner thanks to some very brave men 200 years ago and the greatest constitution in history that they left us.
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