Tuesday, July 16, 2024

SCOTUS Delivers A Victory For The People

The Chevron doctrine deference to agencies violated the Administrative Procedures Act, a federal law that sets forth the procedures that agencies must follow when carrying out their work. This was the main reason the majority struck down the doctrine.

Our Constitution is the answer! A couple of years ago I wrote what turned out to be a rather popular article entitled just that "Our Constitution Is the Answer - Which Is Precisely Why It Is Under Attack!" That article was also published by the wonderful Brownstone Institute, and also by the Epoch Times.

By a vote of 6-3 with the Court's most radical left-wing jurists, Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson dissenting, SCOTUS overruled their landmark 1984 decision in Chevron v. Natural Resources Defense Council, which birthed the doctrine known as the Chevron doctrine.

Chevron took a power from the Judicial Branch and gave it to agencies in the Executive Branch such that instead of courts deciding and interpreting what the language in a law meant, the power was given to the agencies to say what the language meant and then the courts had to follow the agencies' interpretations.

Justice Clarence Thomas penned a concurring opinion to the majority opinion in which he echoed my interpretation - that the Chevron doctrine violates constitutional Separation of Powers because it requires judges to give up their constitutionally endowed power to exercise their independent judgment in a situation, and instead allows the Executive Branch to "Exercise powers not given to it."

The Chevron doctrine deference to agencies was a direct violation of the Administrative Procedures Act, a federal law that sets forth the procedures that agencies must follow when carrying out their work.

Chevron gave a power to agencies that they should have never had, and don't think they didn't use it to garner more power for themselves at every chance they could, because they certainly did.

Chevron deference, in combination with one-party rule which many states have, has led to the unprecedented attack on our Constitution and the rapid decline in our rights as citizens. 

https://brownstone.org/articles/scotus-delivers-a-victory-for-the-people/ 

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