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Supreme Court delivers blow to power of federal agencies, overturning 40-year-old precedent

June 28, 2024 — The Supreme Court on Friday overturned a 40-year-old precedent that has been a target of the right because it is seen as bolstering the power of “deep state” bureaucrats.

In a ruling involving a challenge to a fisheries regulation, the court consigned to history a 1984 ruling called Chevron v. Natural Resources Defense Council. That decision had said judges should defer to federal agencies in interpreting the law when the language of a statute is ambiguous, thereby giving regulatory flexibility to bureaucrats.

It is the latest in a series of rulings in which the conservative justices have taken aim at the power of federal agencies, including one on Thursday involving in-house Securities and Exchange Commission adjudications. The ruling was 6-3, with the conservative justices in the majority and liberal justices dissenting.

“Chevron is overruled,” Chief Justice John Roberts wrote in the majority opinion. “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”

He said that the ruling does not cast into doubt prior cases that relied on the precedent, but going forward lower courts “may not defer to an agency interpretation of the law simply because a statute is ambiguous.”

Read the full article at NBC News

Bureaucrats threatened to sink my fishing business. Supreme Court can keep others afloat.

January 17, 2024 — I’ve spent eight years fighting the federal government to protect my livelihood. I’ve even filed a lawsuit in federal court. Now, the Supreme Court is set to hear a case like mine on Wednesday, Loper Bright Enterprises v. Raimondo.

The stakes are much higher than just protecting fishermen like me. This is a chance to restore representative democracy, real accountability and the constitutional system that protects every American’s liberty.

This case is about family-owned herring fishing companies in New Jersey. They’ve been forced by unelected federal bureaucrats to pay for monitors who ride on their boats and look out for illegal fishing activities. Following the law is a good thing, but the government should pay for its own monitors. Federal law never required the fishermen to cover this cost, and they can’t afford the $700 to $900 daily fee. It’s going to run them out of business.

Read the full article at USA Today

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