(A.K.A. Non-Original Rants)

–Co-opting good stuff from all over the ‘Net and maybe some original thoughts—ΜΟΛΩΝ ΛΑΒE

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So SCOTUS reversing the Chevron decision

 Not only does it remove the boot of an unelected mandarin class from the necks of Americans, it might possibly make Congress actually write laws that make sense.

Congress has been allowed to be lazy for decades because they wrote vague laws and then relied on the independent federal agencies to ‘interpret’ the laws as they saw fit.  Hilariously so because the unelected administrators were supposed to be the ‘subject matter experts’ (and they clearly are not).

From the decision:

“Chevron defies the command of the APA that the reviewing court—not the agency whose action it reviews—is to decide all relevant questions of law and interpret statutory provisions,” Roberts found. “It requires a court to ignore, not follow, the reading the court would have reached had it exercised its independent judgment as required by the APA.”

“Courts interpret statutes, no matter the context, based on the traditional tools of statutory construction, not individual policy preferences,” the majority declared. “Indeed, the Framers crafted the Constitution to ensure that federal judges could exercise judgment free from the influence of the political branches.”

So regulations created by career bureaucrats had the force of the rule of law without recourse since the courts automatically gave these regulations precedence over any objection by the American people.

Which skewed the checks and balances system of US government because it, in essence, created a fourth branch.

So the fact that this has been reversed restores (in theory) freedoms to the US people.  Which, IMO, is awesome.

But someone commented that the leftists will be throwing fits because the mandarin class will now, in theory, not be able to run roughshod over the populace.  And I couldn’t imagine.

And then I saw it.  People bemoaning the fact that the EPA, which, IMO, has done as much to ruin the economy and trample individual rights as any agency, will now be reined in.

The EPA, Dept of Ed, CDC, FDA, Dept of Energy, ATF, and the plethora of three letter agencies, have been suffering from mission creep since 1984.  And that’s a lot of time and a lot of creep.

Anything that curtails them can be nothing but good for US citizens.

ETA: Thanks to B for the backchannel explanation on the nature of the Three Letter agencies.  I updated my verbiage accordingly.



  1. I work in chemical manufacturing. Dealing with the EPA (and others) always reminds me of the Darth Vader line, “I am altering the deal. Pray I don't alter it any further”. Anything to rein them in is good.

    Like

  2. These bastard offspring of the devil have cornered themselves. They are going to do something heinous and stupid. Prepare.

    Like

  3. i am not sure why anyone will listen to the supreme court unless it is convenient. there are plenty of cases where the court has been ignored–affirmative action for example

    Like

  4. Given the infamy of Congress, it's lack of probity and probable corruption, I am cautious of pressuring that body to act.The current opinion in Chevron is correct. But the result is likely to increase the demand for Congress to write more bills. That demand would come from corporate boards plus whoever has seemingly blackmailed members.

    Like

  5. My last job before I retired, we made an instrument to measure a chemical at low parts per billion levels at near real time for compliance monitoring. Even the EPA documentation stated there was no known risk for exposures at those levels. Nor was there any economic value to the community or manufacturer. They said they were justified because technology was capable of the measurement, so they just lowered the action levels.BTW, All senior government droids will say they write regulations not laws. They merely interpret what Congress has passed into law. You still get fined or jailed if you fail to comply.

    Like

  6. Don—Exactly.Anon—I don’t doubt it. Trying as best I can.Avraham—Affirmative action is a whole different critter.Rick—I m happy when Congress is at a standstill. If they actually have to put effort into writing, it’ll slow them down further.Gerry—Not any more!

    Like

  7. An even better alternative would be to ABOLISH the entire alphabet altogether. Start with the CIA, FBI, DEA, NSA, FDA, and work from there.

    Like

  8. If you liked LOPER BRIGHT, you'll also appreciate CORNER POST. That one also dropped yesterday, but was mostly over-shadowed by the Trump immunity decision (which the vast majority of “journalists” misunderstand).The two decisions working together will be fun.http://zelmanpartisans.com/?p=54011

    Like

  9. I work in chemical manufacturing. Dealing with the EPA (and others) always reminds me of the Darth Vader line, “I am altering the deal. Pray I don't alter it any further”. Anything to rein them in is good.

    Like

  10. These bastard offspring of the devil have cornered themselves. They are going to do something heinous and stupid. Prepare.

    Like

  11. i am not sure why anyone will listen to the supreme court unless it is convenient. there are plenty of cases where the court has been ignored–affirmative action for example

    Like

  12. Given the infamy of Congress, it's lack of probity and probable corruption, I am cautious of pressuring that body to act.The current opinion in Chevron is correct. But the result is likely to increase the demand for Congress to write more bills. That demand would come from corporate boards plus whoever has seemingly blackmailed members.

    Like

  13. My last job before I retired, we made an instrument to measure a chemical at low parts per billion levels at near real time for compliance monitoring. Even the EPA documentation stated there was no known risk for exposures at those levels. Nor was there any economic value to the community or manufacturer. They said they were justified because technology was capable of the measurement, so they just lowered the action levels.BTW, All senior government droids will say they write regulations not laws. They merely interpret what Congress has passed into law. You still get fined or jailed if you fail to comply.

    Like

  14. Don—Exactly.Anon—I don’t doubt it. Trying as best I can.Avraham—Affirmative action is a whole different critter.Rick—I m happy when Congress is at a standstill. If they actually have to put effort into writing, it’ll slow them down further.Gerry—Not any more!

    Like

  15. An even better alternative would be to ABOLISH the entire alphabet altogether. Start with the CIA, FBI, DEA, NSA, FDA, and work from there.

    Like

  16. If you liked LOPER BRIGHT, you'll also appreciate CORNER POST. That one also dropped yesterday, but was mostly over-shadowed by the Trump immunity decision (which the vast majority of “journalists” misunderstand).The two decisions working together will be fun.http://zelmanpartisans.com/?p=54011

    Like

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