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Fishing baws take on the Deep State
Posted on 1/17/24 at 9:11 am
Posted on 1/17/24 at 9:11 am
The Federalist: How Disgruntled Fishermen Could Prompt SCOTUS To Capsize The Administrative State
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… details of Act in question
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While you may not care about fisheries, you should care about Chevron deference, which gives too much power to unelected bureaucrats.
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The United States Supreme Court will hear oral arguments Wednesday in two companion cases that could put an end to our totalitarian administrative state: Relentless Inc. v. U.S. Dept. of Commerce and Loper Bright v. Raimondo. Here’s your lawsplainer to understand the cases, the legal doctrine at issue — Chevron deference — the oral argument, the punditry surrounding the cases, and the significance of what, on its surface, may appear to be narrow and nerdy issues of administrative law.
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Relentless and Loper Bright: the Facts
In both Relentless and Loper Bright, commercial fishing companies sued the U.S. Department of Commerce, challenging a federal administrative rule that requires businesses to pay the cost of government-mandated monitors who travel aboard their vessels during fishing expeditions. To understand how this administrative rule came about, one must move through the bowels of the federal bureaucracy, beginning first with Congress’s enactment of the Magnuson-Stevens Fishery Conservation and Management Act (MSA).
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… details of Act in question
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Congress Didn’t Authorize the Final Rule
The plaintiffs in Relentless and Loper Bright filed separate lawsuits against the secretary of commerce, arguing the MSA did not authorize the Department of Commerce to charge the fishing companies for the cost of observers. It’s important to understand that “[a]dministrative agencies are creatures of statute” and “accordingly possess only the authority that Congress has provided.” Thus, “an agency literally has no power to act … unless and until Congress confers power upon it.” In passing the MSA, Congress expressly provided that a fishery management plan may “require that one or more observers be carried on board a vessel of the United States engaged in fishing for species that are subject to the plan, for the purpose of collecting data necessary for the conservation and management of the fishery.” But the MSA was silent on whether the management plan could mandate commercial fishing companies to pay for the cost of the observers.
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Chevron to the Administrative State’s Rescue
The lower courts concluded the MSA was ambiguous concerning whether the Commerce Department could require the fishing companies to pay the cost of the observers. The courts, nonetheless, upheld the final rule by applying the legal doctrine of Chevron deference.
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Chevron Deference Is a Big Deal
The effects of Chevron deference cannot be overstated because deference often dictates outcome. And that outcome is whatever the unelected bureaucrats of the more than 430 federal agencies and other regulatory agencies say it is — so long as they sound reasonable.
This post was edited on 1/17/24 at 9:14 am
Posted on 1/17/24 at 9:13 am to Kjnstkmn
We could only hope that court rulings would bring down the administrative state BUT who is going to enforce the court rulings and what happens when the executive ignores the rulings?
Posted on 1/17/24 at 9:14 am to The Maj
They will continue to ignore rulings..... problem solved.
Posted on 1/17/24 at 9:16 am to Kjnstkmn
Where does the term 'Chevron Deference' come from?
Posted on 1/17/24 at 9:19 am to Kjnstkmn
Ever since ObamaCare, I have no confidence in the SC's Rulings. Given the new Justices they may let the light stuff fly, but the will never allow a poison pill Ruling that sets precedent and undermines ultimate State control.
Roberts is compromised, IMO. They've got serious dirt on him. He looks like an easy mark. Or maybe he's just bought in to Transnational Progressive ideology. TP is a very powerful 'drug' for the intelligentsia.
Roberts is compromised, IMO. They've got serious dirt on him. He looks like an easy mark. Or maybe he's just bought in to Transnational Progressive ideology. TP is a very powerful 'drug' for the intelligentsia.
Posted on 1/17/24 at 9:54 am to Kjnstkmn
This is a problem with offshore O&G, too - annual inspection fees.
Posted on 1/17/24 at 10:00 am to cwill
One way to rid the nation of useless Federal Employees ....
He fell off the boat ......
He fell off the boat ......
Posted on 1/17/24 at 1:14 pm to Kjnstkmn
Will definitely be interesting to see how this plays out.
Posted on 1/17/24 at 2:27 pm to LegalEazyE
quote:we’ll know if fedgov is actually in trouble with this ruling when media starts attacking the “conservative Supreme Court” angle. When the writing is on the wall it’s over, leftists must destroy the credibility of the court/person. Shoot the messenger bc you can no longer win the argument on merit
Will definitely be interesting to see how this plays out.
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