Monday Mirthiness: The End of the Chevron Deference

On Friday we got to witness the caterwauling of the Left by thousands of people who had never heard of Chevron Deference until a few hours before.

credit: Axiomatic Enemy of the State

5 25 votes
Article Rating

Discover more from Watts Up With That?

Subscribe to get the latest posts sent to your email.

52 Comments
Inline Feedbacks
View all comments
Trying to Play Nice
July 1, 2024 6:39 am

But those unelected bureaucrats are the “experts”. /s off

kenji
Reply to  Trying to Play Nice
July 1, 2024 8:38 am

But, but, but … those government ‘experts’ have declared themselves to literally BE science! Ahhhh, Dr. Fauxci. Government bureaucrats are PURE SCIENCE. No one can dare disagree with their ‘scientific’ findings. Don’t be a stupid ‘denier’! /s off

Bryan A
July 1, 2024 6:41 am

It’s crazy to me that there are actually people out there who want unelected bureaucrats to control every aspect of their lives

Those are the Sheeple who don’t want to take responsibility for their own lives and find comfort in herd mentality

Reply to  Bryan A
July 1, 2024 7:49 am

It comes down to educating the citizenry.
Ben Franklin once stated:
“A nation of well informed men who have been taught to know and prize the rights which God has given them cannot be enslaved. It is in the region of ignorance that tyranny begins”

MarkW
Reply to  Brad-DXT
July 1, 2024 7:28 pm

Which explains why the first thing the left attacked was the education system.

Sparta Nova 4
Reply to  MarkW
July 2, 2024 7:20 am

That has been ongoing for over 60 years. The correct term is Identity Socialism.

Scarecrow Repair
Reply to  Bryan A
July 1, 2024 8:13 am

Government has come to intrude into so much daily life that it has literally become more profitable, both emotionally and financially, to sic government on your enemies / competitors before they sic government on you, than to mind your own business.

Red94ViperRT10
Reply to  Bryan A
July 1, 2024 1:22 pm

I would think it would only take a mediocre lawyer to make hay with the overregulation regime the Ds are trying to build. Upon the next catastrophe the responsible corporation’s only necessary defense would be, WE MET ALL APPLICABLE LAWS AND REGULATIONS!!! Therefore if anything went wrong, it’s the result and fault of the regulations, and we bear no responsibility whatsoever. It would have been the perfect defense for Deepwater Horizon.

Decaf
Reply to  Bryan A
July 2, 2024 12:49 am

And then use the pangs of their slavery to get angry at the rest of us for our lack of subservience.

July 1, 2024 7:02 am

I think most people have no idea how fascist this country has become due to the entrenched bureaucracy (the swamp). This ruling is a baby step toward returning this country to a constitutional republic with democratically elected representation.
We need a new broom to do a clean sweep of the legislature and executive branches. That means voting for republicans down ballot too, even if you have to hold your nose while casting the ballot.

FJB

Tim Spence
Reply to  Brad-DXT
July 1, 2024 7:19 am

It needs to be a very big broom

DD More
Reply to  Brad-DXT
July 1, 2024 8:39 am

And the next step is to come down hard on the Executive Orders, with funds not budgeted by Congress. Need less college loans, EV mandates & Green Power rules.

Reply to  DD More
July 1, 2024 12:09 pm

as for college loans- at least they should be repaid by whoever got them- not forgiven- so that the individual will realize it’s an investment and they had better to do well in college- get into a career that will be productive- serious science, engineering, etc.- they need to realize you can’t borrow money then have it forgiven, at least not so easily

Red94ViperRT10
Reply to  DD More
July 1, 2024 1:27 pm

How come no one has ever tried to make the case that an Executive Order, any E.O. regardless the subject matter, is unconstitutional? After all, what does it do but attempt to create laws, or at least regulations with the weight of laws, by the Executive branch, which the Constitution specifically says the Executive branch cannot do.

Reply to  Brad-DXT
July 1, 2024 10:24 am

Classical liberalism died with WWI, the war that made the world safe for socialism. There has been some ebb and flow since then with respect to what areas of our lives our government chooses to intervene, but there is no mistaking that with the advent of fiat money and central banking, the growth of government has been relentless.

Reply to  Frank from NoVA
July 1, 2024 10:40 am

I think the leftists have tried to project that it is socialistic policies when it is more like fascism where the government is projecting power with business policies and regulations. I never thought I would be limited in my choice of what kind of light bulb or water fixture I could buy or what I could do with my property if it occasionally floods, due to government agencies.

I doubt that many people know that WW2 was funded by government bonds so that it had to be a war the people agreed to. Fiat money makes it easier for government to spend more money than we have and the unelected bureaucrats (the swamp) are not hindered by public opinion or legislators to do their job.

kenji
Reply to  Brad-DXT
July 1, 2024 11:15 am

Yes, their Fascist rule isn’t sold as enslavement (which it is) … but as benevolence. The government bureaucracies are here to SAVE you … to make you happy and healthy! 🙂. Now shut up and OBEY! and don’t question anything! That’s unDemocratic …

Reply to  kenji
July 1, 2024 3:45 pm

Most politicians seem to be of the type that I call Inverter People. Whatever they say you put an inverter on it and the opposite is true.
They’re the type that come up with names like the Inflation Reduction Act that actually increases inflation.

Red94ViperRT10
Reply to  Brad-DXT
July 1, 2024 1:24 pm

Even 67% R’s in both houses would be completely useless unless their very first legislation removes the Civil Service Protection Racket Act. Then maybe something can begin to start to attempt to commence to initiate.

Reply to  Red94ViperRT10
July 1, 2024 3:38 pm

The Civil Service Protection Act does not come into play if the whole agency that they are working at is eliminated. They may try to bump people with less seniority in the remaining agencies so you eliminate more agencies.

Reply to  Brad-DXT
July 2, 2024 5:55 am

Both branches of the Party are equally corrupt. The Ds are simply a bit more brazen and unapologetic about it.

Reply to  Mark Whitney
July 2, 2024 6:45 am

You are correct that both parties are corrupt but, having a majority allows for determining who leads and sits on committees.
Having less wacky democrats in attendance gives less cover for the rinos and other corruptocrats.

Sparta Nova 4
Reply to  Mark Whitney
July 2, 2024 7:24 am

Gone are the days when Representatives represented their constituents. Now they represent their party. At present we have a two party autocracy. That seems to be ending, too.

Duane
July 1, 2024 7:09 am

People want unelected bureaucrats to regulate free of any checks and balances or restraints when those bureaucrats are goring somebody else’s ox in a way such people want it to be gored. When it’s their ox getting gored, they don’t like it so much.

Reply to  Duane
July 1, 2024 7:36 am

A large number of people completely believe that the only people who will ever be in control are the ones that agree with themselves, therefore they have nothing to fear or to complain about.

Reply to  Duane
July 1, 2024 7:38 am

I want you to leave the oxen alone. Nobody’s ox needs to be gored.

People who don’t have an ox should quit pretending to be harmed. Anti-ox activists should quit pretending to be experts.

Scarecrow Repair
Reply to  Duane
July 1, 2024 8:15 am

And because both bureaucrats and people who like bureaucrats want the bureaucracy to expand, they are usually goring the same ox.

Reply to  Scarecrow Repair
July 1, 2024 12:11 pm

A job in any bureaucracy is much easier than a job in the real world.

Duane
Reply to  Scarecrow Repair
July 1, 2024 1:11 pm

LOL! The same ox can only get gored so many times before it’s turned into hamburger!

Reply to  Duane
July 1, 2024 8:57 am

I’m sure tired of the looters repeating this “whose ox gets gored” trope.

Yes, too many people think it’s the government’s job to distribute goodies. Many of us want to stop redistribution and cut the size, scope and power of government. Ending the Chevron deference is a good start.

Richard Greene
Reply to  More Soylent Green!
July 1, 2024 9:25 am

“too many people think it’s the government’s job to distribute goodies”

Transfers to individuals and businesses account for 48 percent of federal spending. Some of the largest transfer programs are Social Security, Medicare, food stamps, and refundable tax credits.

Mo politician will win by opposing any of these.

 

Reply to  Richard Greene
July 1, 2024 11:05 am

‘[N]o politician will win by opposing any of these.’

Barring societal collapse, probably true. The only other way out is to shrink the regulatory / warfare State, thereby allowing the private sector to flourish and raise incomes to where the benefits of the above entitlements pales in significance by comparison.

Red94ViperRT10
Reply to  Frank from NoVA
July 1, 2024 1:30 pm

Outbribe the government? Pretty tall order.

Bil
Reply to  Frank from NoVA
July 1, 2024 10:40 pm

The American Republic will end once politicians realise that they can bribe people with their own money.
somewhat paraphrased from de Tocqueville

Reply to  Frank from NoVA
July 2, 2024 10:32 am

thereby allowing the private sector to flourish”

And part of the private sector is “charities” that are financed by those who willingly contribute to support their cause.

MarkW
Reply to  Gunga Din
July 2, 2024 2:21 pm

The private sector charities did a much better job of taking care of the poor than the welfare state ever could.

Mr Ed
July 1, 2024 8:44 am

One of the first things I learned in the world of an independent ag producer was
that I couldn’t get too far into a days work without breaking some sort of a law
every day–literally . This decision is a move in the right direction.

Reply to  Mr Ed
July 1, 2024 12:14 pm

Did you have to file a lot of paper work with ag agencies? In my forestry work here in Wokeachusetts, I spent at least half my time doing idiotic paper work- that served no real purpose other than to justify the jobs of forestry bureaucrats. In the early days, in the ’70s, it wasn’t so bad- then it got worse every year. The enhanced paper work didn’t make anybody’s work in the forests better.

Red94ViperRT10
Reply to  Joseph Zorzin
July 1, 2024 1:31 pm

So you had to double the number of trees you logged to construct the paper to carry on your work?

Mr Ed
Reply to  Joseph Zorzin
July 1, 2024 7:02 pm

I was enrolled with the NRCS “farmer welfare” programs and played that
game for a while, then changed direction a bit and added a side gig of
property management which put me over the top for non farm income
which made me ineligible for the subsidies. I still get stuff in the mail
trying to get me back on their programs. The paperwork was mostly on
the agency end.
Using restricted herbicides use paperwork and trapping predators
with wolves around brings in a lot of agency scrutiny and regulation.
I avoid the restricted products. Getting a trapping license requires
taking classes and having to listen to the enviro’s for a few days…

The loggers I know have to deal with the FS agency contacts mostly in the field.
Always someone looking over their shoulder from what I’ve heard.
The guys that do FS contract work like weed spraying don’t seem to
say much about their projects.

another ian
Reply to  Joseph Zorzin
July 2, 2024 3:18 am

Or the forest I’d reckon

July 1, 2024 9:58 am

Lining up for handouts from gov’t bureaucrats is as American as crony capitalism.

Reply to  doonman
July 1, 2024 12:15 pm

Those “burros” are first in line- when they get their salaries and benefits.

July 1, 2024 11:52 am

A fundamental sea-change to be sure, but it does not automatically invalidate previous decisions citing Chevron.

Roberts indicated that the court’s decision on Friday would not require earlier cases that relied on Chevron to be overturned. “Mere reliance on Chevron cannot constitute a ‘special justification’ for overruling” a decision upholding agency action, “because to say a precedent relied on Chevron is, at best, just an argument that the precedent was wrongly decided” – which is not enough, standing along [alone? – AWCDL7 ], to overrule the case.

[ Amy Howe, SCOTUSblog ]

Each prior decision will have to be separately re-litigated.

Another ruling released today is also potentially far-reaching although it is receiving far less attention: Corner Post v. Federal Reserve, which on the surface sounds like just a minor quibble over the 6-year limitation on challenging a regulatory rule.

This court has gone from gradually chipping away at the administrative state to a frontal assault.

Expect both sides to use these decisions in major new fund-raising campaigns.

Bob
July 1, 2024 4:54 pm

Our government needs more checks and by that I mean roadblocks to runaway government.

observa
Reply to  Bob
July 1, 2024 5:38 pm

Wah wah wah-

Justice Ketanji Brown Jackson warned in her dissent the decision would result in “a tsunami of lawsuits” with “the potential to devastate the functioning of the Federal Government,”

Ketanji Brown Jackson warns of ‘tsunami of lawsuits’ after Supreme Court ruling (msn.com)

Lefties don’t mind lawfare against private enterprise throwing a spanner in the works without a statute of limitations when it suits them.

Sparta Nova 4
Reply to  observa
July 2, 2024 7:30 am

A step function always creates transients.
That does not disqualify the step function or claim the step function is invalid or unnecessary.
When sailing, a course correction always requires re-rigging the sails.
A course correction has been needed for a long time. Hopefully this is the start of a trend towards intelligence.

Reply to  observa
July 2, 2024 10:40 am

“the potential to devastate the functioning of the Federal Government,”

Uhh … No.
It would only restrict The Executive Branch from high-jacking the authority of The Legislative Branch.

Editor
July 1, 2024 7:11 pm

It’s a choice between more power too the bureaucracy and more power to the courts. Under the separation of powers, the legislature, the bureaucracy and the courts are three separate powers, so the choice doesn’t appear to matter much – until you realise that the legislature and the bureaucracy are now the same power: one rules the other (but don’t ask me to say which way round it is). So it is important not to let the bureaucracy take powers away from the courts.

Reply to  Mike Jonas
July 2, 2024 11:31 am

The third branch, the courts, are only to decide if something is #1 Constitutional and #2 Legal whether or not they personally agree with it.
Trump did his best to appoint judges that would rule accordingly.

MarkW
July 1, 2024 7:23 pm
Drake
July 3, 2024 5:53 am

I knew from living through the times that the liberal SCOTUS of the era of the 60s to the 80s changed the political and government landscape immeasurably.

I looked at two rulings to judge WHO did this to the US. 4 of the 6 yea votes on Row vs Wade also voted for the Chevron Deference case. Hmm?

I think the current SCOTUS just needs to review EVERY case where those 4 were on the majority.

While they are at it, go back to the 60 when the federal courts “outlawed” vagrancy laws. The “homeless” could be immediately renamed the vagrants they are in every sane jurisdiction. Then they would move on to the enabling states and localities who truly deserve the associated costs. The recent ruling allowing a city to outlaw sleeping in public is a start toward reversing the vagrancy ruling.

The NYT case of the early 60s requires people who were slandered/libeled to prove INTENT not just the lies or the damages. Ignorance or incompetence is now a defense for the libel. Change that ruling and TRUMP would own every “reporter” who recklessly reported the “Russian collusion” lie.

And, of course, these and other rulings from the current SCOTUS are the reason all libs and the MSM are after TRUMP! He brought sanity back to the SCOTUS with 3 generally originalist nominees. If Hillbillary had been elected there would now be a total federal government police state in the US with HER 3 appointees as seen by the ridiculous Sotomayor dissent to the immunity ruling. If TRUMP! is again screwed in this election, the 2 replacements for Thomas and Alito will create a 5 vote leftist majority that will remove ANY individual liberty that is left in the US.