Good day all. A few weeks ago, the Supreme Court threw out the 40 year old Chevron Deference. This has, of course, caused the Democrats to go ballistic yet again. Now they are looking to pass a law to undo the ruling.
First a bit of review. The Chevron Deference was a ruling by the Supreme Court about 40 years ago that basically said that the courts must defer to the bureaucracies when it came to them issuing rules based on really unclear laws passed by congress. The excuse was that judges can’t be expected to be experts in these rules.
The problem with this is it allowed the Bureaucracies to basically act as all three branches of government. People affected by these rules would have no recourse at all. In the case that killed the Chevron Deference, several fishing boats were complaining on a rule that required them to pay $700 a day for a bureaucrat to go out on the boat and “regulate” them. SCOTUS looked at this and other things and said, “Nope! Unconstitutional!” and basically drove a stake through the bureaucratic state.
The ruling is also forcing Congress to do their jobs and right clear, concise laws. This is something that Congress, especially the Democrats are loathe to do. Now the Democrats are going to try and pass a law bringing back the Chevron Deference. Here are the details from Newsmax:
Democratic senators on Tuesday introduced a bill designed to undo a ruling last month by the U.S. Supreme Court that curtailed the ability of federal agencies to issue regulations addressing issues including the environment, consumer protection and workers’ rights.
I can’t see how they can do this that won’t be declared unconstitutional. The whole point of the ruling was to prevent the administrative branch from acting as the legislative and judicial branches.
Sen. Elizabeth Warren, D-Mass., said she and 10 fellow Democrats are sponsoring a bill that would codify into law a 40-year-old legal doctrine that the Supreme Court scrapped that had required courts to defer to federal agencies’ interpretations of the laws they administer when those statutes are ambiguous.
Again, not constitutional, but then this is Fauxahontas Warren has a long history of utter contempt for the Constitution of the United States.
The Stop Corporate Capture Act would restore the doctrine, known as “Chevron deference,” and make a series of other changes that Democrats say would modernize and streamline the rulemaking process.
Basically it would take away the rights of people and businesses to seek redress of grievances or seek legal redress from the courts. That is about the usual load of crap we’ve come to expect from the fake indian.
Warren in a statement said the bill would “make sure corporate interest groups can’t substitute their preferences for the judgment of Congress and the expert agencies.”
Warren is a flat out Communist. Her entire political career has been going after businesses. Making sure that businesses and in many cases people, have no recourse to the courts and, in many cases, Congress. Her brainchild, the Consumer Protection Agency, was set up so that financial companies would not have legal recourse.
Warren’s plan when she pushed it through was to be named as the head of the agency by the Obama regime, She would then be able to basically extort and rule over businesses. Obama, in one of the few smart things he did, kept Warren far away from that agency.
The bill has slim chances of passing in an election year in the Senate, which Democrats only narrowly control. A similar bill backed by Representative Pramila Jayapal, Democrat of Washington, is pending in the U.S. House of Representatives.
Even if it passed, it would be challenged almost instantly. Since it’s just trying to reimpose what was a bad judicial decision legislatively, and still strips the normal legal recourse a company or person should have, they will just toss it out yet again.
Chief Justice John Roberts wrote that instead of deferring to agencies’ interpretations of ambiguous statutes, courts “must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”
Within days of the ending of the Chevron Deference, lower courts began reversing all sorts of regulations that basically upended the entire basis of America. This is why people like Lie-a-watha Warren want to return to to the Chevron Deference. It’s the only way they can impose their ideas on America after they’ve been rejected by Americans.
This bill has no chance of passing. If things go as I hope they do, it won’t even be brought up again next year. Even if the worst happens, this bill is still unconstitutional. The other thing that Warren and the other Communists aren’t considering is what might happen. I wouldn’t have been surprised if all those $700/day bureaucrats fell overboard and were lost at sea.
Thatisall
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