Close Menu
Alan C. Moore
    What's Hot

    Spain to limit access to Madrid airport for nontravelers because of homeless encampment problem

    May 15, 2025

    Extreme wind blamed for sinking of superyacht off Sicily last year, British probe says

    May 15, 2025

    Japan starts emergency inspections on nearly 200 military training planes after crash

    May 15, 2025
    Facebook X (Twitter) Instagram
    Trending
    • Spain to limit access to Madrid airport for nontravelers because of homeless encampment problem
    • Extreme wind blamed for sinking of superyacht off Sicily last year, British probe says
    • Japan starts emergency inspections on nearly 200 military training planes after crash
    • Trump’s ‘uncritical embrace’ of Arab partners rankles critics
    • Parents Of Boys ‘Wrongfully Accused’ For Objecting To Girl In Locker Room Slam Loudoun Schools: ‘Systemic Failure’
    • Parents Of Boys ‘Wrongfully Accused’ For Objecting To Girl In Locker Room Slam Loudoun Schools: ‘Systemic Failure’
    • State laws on whether noncitizens can vote face legal challenges
    • Sri Lanka: How period poverty keeps girls out of school
    Alan C. MooreAlan C. Moore
    Subscribe
    Thursday, May 15
    • Home
    • US News
    • Politics
    • Business & Economy
    • Video
    • About Alan
    • Newsletter Sign-up
    Alan C. Moore
    Home » Blog » Supreme Court Strikes Blow To Administrative State, Overturns Chevron Doctrine

    Supreme Court Strikes Blow To Administrative State, Overturns Chevron Doctrine

    June 28, 2024Updated:June 28, 2024 Editors Picks No Comments
    Share
    Facebook Twitter LinkedIn Pinterest Email
    image

    With a new location decision issued on Friday, the Supreme Court curbed the unwavering authority of governmental organizations.

    The high court overturned a 40-year law that gave national authorities broad authority to implement laws under ambiguous language in a 6-3 selection in Loper Bright Enterprises v. Raimondo, unless Congress had expressly prohibited such laws. However, Chief Justice John Roberts, who wrote the majority opinion to overturn the 1984 precedent in Chevron v. Natural Resources Defense Council, stated that” Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”

    The Environmental Protection Agency’s ( EPA ) authority to enforce the Clean Air Act was established under the Chevron doctrine of 1984, allowing federal bureaucrats to interpret the legislation that Congress authorized agencies to enact. Justice Roberts argued for the judiciary to intervene after the precedent, noting that the” Administrative Procedures Act” mandates that courts exercise independent judgment.

    After all,” courts frequently encounter statutory ambiguities in cases that do n’t involve agency interpretations or delegations of authority,” Roberts wrote. A court is not, in any way, delegated from its obligation to interpret the statute when faced with a statutory ambiguity in such a case.

    ” Courts in that situation do not throw up their hands because’ Congress’s instructions have’ supposedly’ run out,’ leaving a statutory’ gap,'” the chief justice added. ” Courts instead understand that such statutes, no matter how impenetrable, do — in fact, must — have a single, best meaning. That is the whole point of having written statutes,’ every statute’s meaning is fixed at the time of enactment.'”

    The conservative legal movement, which has spent four decades attempting to overthrow the unchecked authority given to unelected bureaucrats, has won a major victory with the high court’s decision. The majority opinion was also written by Chief Justice Roberts in a 6- 3 decision, which is a precursor to the Chevron doctrine’s demise two years ago in West Virginia v. EPA. In that case, the Supreme Court curbed the EPA’s authority to unilaterally cap carbon emissions.

    A “reasonable” solution to the current crisis may be to cap carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity, according to Roberts. However, it is improbable that Congress authorized EPA to adopt a similar regulatory scheme on its own. A decision of this magnitude and consequence lies with Congress itself, or an agency acting in accordance with a clear delegation from that representative body.

    Justice Elena Kagan wrote the dissent in Friday’s decision, voting with the court’s two other left- wing justices in the minority.

    This Court has long believed that Chevron deference should reflect what Congress would want, and that this is based on a presumption of legislative intent, according to Kagan. Congress is aware that it is unable to write a complete set of regulatory statutes.

    Justice Kagan argued that “agencies have expertise in those areas, courts do not have, and that is the best way to fill the gaps in legislative ambiguity.”

    Courts have no such accountability and no proper basis for making policy, she wrote,” Agencies report to a President, who in turn responds to the public for his policy calls.” ” And of course Congress has given that knowledgeable, knowledgeable, and politically responsible agency the authority to administer — to make rules about and otherwise implement — the statute that created the uncertainty or gap.”

    Justice Neil Gorsuch argued that the courts, not the bureaucrats themselves, are responsible for determining the extent of bureaucrats ‘ authority under a statute, and that the precedent in Chevron is “revolution masquerading as the status quo.”

    ” All today’s decision means is that, going forward, federal courts will do exactly as this Court has since 2016, exactly as it did before the mid- 1980s, and exactly as it had done since the founding: resolve cases and controversies without any systemic bias in the government’s favor”, Gorsuch wrote.


    Tristan Justice is the western correspondent for The Federalist and the author of Social Justice Redux, a conservative newsletter on culture, health, and wellness. He has also contributed to The Washington Examiner and The Daily Signal. His articles have also appeared on Fox News and Real Clear Politics. Tristan majored in political science at George Washington University, and he also had a journalism minor. Follow him on Twitter at @JusticeTristan or contact him at [email protected]. Sign up for Tristan’s email newsletter here.

    Source credit

    Keep Reading

    Parents Of Boys ‘Wrongfully Accused’ For Objecting To Girl In Locker Room Slam Loudoun Schools: ‘Systemic Failure’

    Parents Of Boys ‘Wrongfully Accused’ For Objecting To Girl In Locker Room Slam Loudoun Schools: ‘Systemic Failure’

    Harvard uses euphemisms to obscure DEI training amid Trump crackdown

    Two more Yale professors leave for Canada: ‘Lesson of 1933 is get out sooner rather than later’

    Supreme Court appears poised to rule religious parents can opt kids out of LGBTQ lessons

    Trump appears only president not invited to speak at Notre Dame graduation in 65 years

    Editors Picks

    Spain to limit access to Madrid airport for nontravelers because of homeless encampment problem

    May 15, 2025

    Extreme wind blamed for sinking of superyacht off Sicily last year, British probe says

    May 15, 2025

    Japan starts emergency inspections on nearly 200 military training planes after crash

    May 15, 2025

    Trump’s ‘uncritical embrace’ of Arab partners rankles critics

    May 15, 2025

    Parents Of Boys ‘Wrongfully Accused’ For Objecting To Girl In Locker Room Slam Loudoun Schools: ‘Systemic Failure’

    May 15, 2025

    Parents Of Boys ‘Wrongfully Accused’ For Objecting To Girl In Locker Room Slam Loudoun Schools: ‘Systemic Failure’

    May 15, 2025

    State laws on whether noncitizens can vote face legal challenges

    May 15, 2025

    Sri Lanka: How period poverty keeps girls out of school

    May 15, 2025

    Swedish spy agency arrests linked to reporter held in Turkey: media

    May 15, 2025

    Australian leader visits Indonesia seeking deeper economic and defense ties

    May 15, 2025
    • Home
    • US News
    • Politics
    • Business & Economy
    • About Alan
    • Contact

    Sign up for the Conservative Insider Newsletter.

    Get the latest conservative news from alancmoore.com [aweber listid="5891409" formid="902172699" formtype="webform"]
    Facebook X (Twitter) YouTube Instagram TikTok
    © 2025 alancmoore.com
    • Privacy Policy
    • Terms
    • Accessibility

    Type above and press Enter to search. Press Esc to cancel.