from, The National Pulse:
The Supreme Court (SCOTUS) heard oral arguments yesterday for two cases that may result in a significant clawback of abuse by the executive – particularly Joe Biden’s energy and climate regulations.
At the core of both legal challenges is what’s known as the “Chevron Doctrine” – essentially the idea that if a law is ambiguous, the executive branch gets to interpret it however they’d like (within reason).
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- The two cases being heard [Relentless v. Department of Commerce and Loper Bright v. Raimondo] raised identical legal questions.
- In the case of Loper Bright, They’re a family-owned herring fishing company that the U.S. Commerce Department is forcing to pay the salary of a federal monitor to sail with them and police their practices.
The central argument against Chevron is that it violates the separation of powers because Congress, not the executive branch, must write laws.
History of the Chevron Doctrine: SCOTUS created it back in 1984 in a case called Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. Essentially, the Court said that if a law is unclear or ambiguous, then courts should defer to that interpretation of the federal agency as long as it’s within the agency’s authority.
Put in context today; the Chevron Doctrine has been used and abused by the Biden regime to force through their job-killing radical climate agenda without Congressional approval.
What went down during oral arguments? According to SCOTUS Blog, they showed the Court is “likely to disregard Chevron.” While the three liberal justices expressed support for the existing interpretation, the conservatives made statements critical of the status quo:
- Justice Brett Kavanaugh argued: “It’s the role of the judiciary historically under the Constitution to police the line between the legislature and the executive to make sure that the executive is not operating as a king.”
- Justice Neil Gorsuch argued that Chevron virtually always works for federal agencies and against the “little guy.”
Big picture: If Chevron is overturned, it will be a big win for conservatives and former President Trump, who appointed three of the justices.
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