Showing posts with label Loper Bright Enterprises. Show all posts
Showing posts with label Loper Bright Enterprises. Show all posts

Thursday, September 19, 2024

PETER ST ONGE: 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.

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.

Tuesday, July 2, 2024

GREG REESE: Chevron deference: It's how OSHA was able to decide that everyone who worked for a large company had to get the jab or be fired. No law gave them that authority. They just made it up.

Greg Reese on the Chevron Deference

It's how OSHA, the Occupational Safety and Health Administration, was able to decide that everyone who worked for a large company had to get the jab or be fired.  No law gave them that authority.  They just made it up.  

It's how the ATF, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, was able to decide a piece of plastic was a machine gun.  

It's how the USDA's Natural Resources Conservation Service, the NRCS, is able to decide that a small puddle is a protected wetland.  --Greg Reese

1:40. A family fishing company, Loper Bright Enterprises, was being driven out of business because they couldn't afford the $700 per day they were being charged by the NMFS, the National Marine Fisheries Service to monitor their company.  The thing is federal law doesn't authorize the NMFS to charge businesses for this.  They just decided to start doing it in 2013.  Why did they think they could get away with just charging people without any legal authorization?  Because in 1984 in the Chevron decision, the Supreme Court decided that regulatory agencies were the experts in their field, and the courts should defer to their interpretation of the law.  So for the past 40 years, federal agencies have been able to interpret laws to mean whatever they want, and the courts had to just go with it.  It was called "Chevron deference," and it put bureaucrats in charge of the country.  

It's how OSHA, the Occupational Safety and Health Administration, was able to decide that everyone who worked for a large company had to get the jab or be fired.  No law gave them that authority.  They just made it up.  

It's how the ATF, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, was able to decide a piece of plastic was a machine gun.  

It's how the USDA's Natural Resources Conservation Service, the NRCS, is able to decide that a small puddle is a protected wetland.  

It's how out-of-control agencies have been able to create rules out of thin air and force you to comply, and the courts had to simply defer to them because they were the experts.  

Imagine if your local police could just arrest you for any reason, and no judge or jury was allowed to determine if you'd actually committed a crime or not, just off to jail you go.  That's what "Chevron deference" was.  It was not only blatantly unconstitutional, it caused immeasurable harm to everyone.  Thankfully, it's now gone.  We haven't even begun to feel the effects of this decision in the courts.  It will be used for years to come to roll back federal agencies, and we'll all be better off for it.  And that's why politicians and corporate media are freaking out about it.

Spike Cohen,

In an era of bad news, the US Supreme Court has brought us some good tools that we the people can wield to work on restoring America.  Happy Independence Day.  

Reporting for Infowars this is Greg Reese. 

As a follow-up, please read this by James T. Moodey @ Lew Rockwell.  Looks like there was momentum building for this at least since last year, January 2023.  Check out Judge Napolitano's essay, titled, "A Government by Experts," January 12, 2023.

Tom Luongo has got his claws on this as well at least since March 23, 2024, 

This is yet another example of the desperate need for the Supreme Court to take up the Chevron Deference and strike it down. The agencies should not be making law. That’s Congress’ job.

And I don’t care if Congress is allergic to doing its job, new emission regulations should not be in the hands of unelected bureaucrats run by chiefs who are chosen by the current political party.