General Category > SCOTUS News
Supreme Court poised to end ‘constitutional revolution’ that’s marred US governance for 40 years
Elderberry:
New York Post by Thomas M. Boyd 1/14/2024
When Justice John Paul Stephens issued his 1984 opinion in Chevron U.S.A. v. National Resources Defense Council, he started what legal scholar Gary Lawson later called “nothing less than a bloodless constitutional revolution.”
At long last, on Wednesday, the Supreme Court will hear two cases that may signal the beginning of the end to that revolution.
Article I of the Constitution explicitly directs that “All legislative Power herein granted shall be vested in a Congress of the United States,” not regulatory agencies.
Yet Justice Stephens’ opinion found that “agenc[ies] may . . . properly rely upon the incumbent administration’s views of wise policy” in “reasonably” defining statutory ambiguities.
The legal doctrine that Chevron spawned became known as Chevron deference and former President Ronald Reagan’s White House counsel, Peter Wallison, pointed to it as “the single most important reason the administrative state has continued to grow out of control.”
Forty years of regulatory and judicial tumult has ensued, finally crescendoing to a point that has compelled the Supreme Court to intervene.
More: https://nypost.com/2024/01/14/opinion/supreme-court-poised-to-end-constitutional-revolution-thats-marred-us-governance-for-40-years/
Timber Rattler:
One of the worst SCOTUS decisions ever...right up there with Dred Scott, Plessey/Ferguson, and Carrie Buck.
Smokin Joe:
--- Quote from: Timber Rattler on January 15, 2024, 03:15:04 am ---One of the worst SCOTUS decisions ever...right up there with Dred Scott, Plessey/Ferguson, and Carrie Buck.
--- End quote ---
:yowsa: Add Roe, while you're at it.
Timber Rattler:
--- Quote from: Smokin Joe on January 15, 2024, 03:17:40 am --- :yowsa: Add Roe, while you're at it.
--- End quote ---
Yeah, and Jacobson, which was cited repeatedly in various states in support of forced COVID vaccination.
Hoodat:
Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce - Winning these two cases would be massive. No more EPA shutting down businesses with frivolous rules.
Navigation
[0] Message Index
[#] Next page
Go to full version