Tuesday, July 9, 2024

Supreme Court Kneecaps Administrative State

The United States Supreme Court today threw out 40 years of precedent and overturned the principle of Chevron deference, blowing a huge hole in the power of the administrative state.

In a 6 to 3 ruling the court held that courts do in fact have a role to play when there is a dispute over the interpretation of federal regulatory law.

A specific issue before the court was whether or not a government agency could not only require that an observer be on a fishing boat but also that the boat owner pay for said government overseer.

The clear administrative overreach was enough to get the case - after failing to convince lower courts they shouldn't have to pay for their own regulator - all the way to the supremes.

Michael Lotito, Co-Chair of the Workplace Policy Institute in San Francisco was very pleased the court overturned Chevron.

For California to gain the same broad freedoms from regulatory overreach that the feds must now offer, the state Supreme Court would have to get involved.

That - the Supreme Court limiting the state bureaucratic blob - said Lotito, is highly unlikely to occur. 

https://brownstone.org/articles/supreme-court-kneecaps-administrative-state/ 

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