He also explains how the Supreme Court opting for liberty and due process is a bad thing. If the courts are going to monitor what the agencies are doing, then the agencies might not do anything.

Because SCOTUS is relentlessly hostile to the administrative state, this system stacks the deck in favor of deregulation. Which—let’s be honest—means boosting Republican presidents and hobbling Democratic ones.

A decision is expected in June, and I'll be off work for a month, getting drunk on liberal tears. //

ConservativeInMinnesota
6 hours ago
The best thing that could happen is to strike down the administrative state as being unconstitutional. A fourth branch of government was never authorized by the founders.

Somehow the federal bureaucracies have more power over most Americans daily lives than the other three. They need reined in and brought under control. //

SantiagoMatamoros ConservativeInMinnesota
5 hours ago
Given that, the word Democrat does not appear once in the U.S. Constitution.

Article 4 Section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. //

ConservativeInMinnesota SantiagoMatamoros
4 hours ago edited
Agreed on a Republic. The following about the powers Congress has seems useful - Art 1 Sec 8:

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Congress needs to pass all laws needed to execute the powers and all other powers vested by the Constitution. Congress can't delegate their authority, the Constitution doesn't let them. Departments don't have authority to make regulatory rules, only to enforce them. //

anon-m0b0
6 hours ago
It will go 5-4 with Roberts siding with the liberals, but the conservatives winning. The DOL rule written and released this week to kill off independent contractors is a perfect reason to kill Chevron.

Side note: Notice how everyone always already knows how the liberals will vote? No one ever seems to wonder if they will vote with thr conservatives, do they? //

DK duffer
6 hours ago edited
The Chevron defense also allowed Congress to make a law so ambiguous no one knew what to do with it. So federal agencies were ‘given’ authority to make rules that interpreted the law. When people complained about an agency’s regulations Congress shrugged and said that isn’t what we intended the agency misunderstood our intent. Nothing was done to correct bureaucratic overreach and the state grew and grew and became the tyrants we have to deal with today. Do not think the bureaucracy will go quietly into the night. //

Maria_Garcia_US (XX)
5 hours ago
Fed employee here,
Chevron needs to die a very quick death. Just today, I was trying to find the legal authorization for a multi-BILLION dollar project. The supposed "authorization" upon which DOD wrote implementation policy & guidance for? Surveys. The authority gave the Secretary of the Army the right to conduct surveys. Not study anything. Not build anything. Just surveys.
About 10 years ago, I was researching legal authorization for a multi-million dollar project only to find out that we did NOT have authorization to study or build that particular project. How they got around it? By getting Senator "Don't call me ma'am. Call me senator." to get her committee together to write a committee resolution. Not legislation authorizing anything. A Senate committee resolution. The House controls the purse strings, supposedly.
Another example is "Waters of the US" under the Commerce Clause. That was supposed to mean any coastal or river waters used for commerce: the transportation of goods & services. Rivers like the Mississippi, Arkansas, Missouri. Not the Rio Grande, Pecos River, Little Muddy Creek or The Branch. And once dams were places (as opposed to locks) the bigger rivers really weren't navigable anymore. So tell me where the CEQ, EPA, even the Department of the Interior have any Constitutional leg to stand one let alone arrest, detain or fine anyone? //

Dieter Schultz Maria_Garcia_US (XX)
5 hours ago
There's been some discussion around the non-delegation doctrine and how it is really not OK for the legislature can't 'authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself'.

For my money, if Congress can't keep up on, and track of, what it wants to regulate then maybe it should consider that they shouldn't be regulating it. //

EDMUND
6 hours ago edited
Where this decision falls short is the assumption that
1: agencies base their decisions on "wisdom" rather than the raw acquisition of power and
2: that they are any more responsive to a "constituency" than a federal judge. //

Robert A Hahn
4 hours ago
We see in the way the Biden Administration deals with their new "free college for all via executive order" entitlement just how Democratic administrations will dance around the absence of Chevron.

They're regulating dishwashers under the Energy Conservation Act? Somebody sues and gets a court to say, "Nope. Nothing in the Energy Conservation Act gives you the authority to do that."

The next day they're right back at it, now regulating dishwashers under the Safety for Children Amendment to the Foghorn-Leghorn Act. The lawsuits start over again from Square One. Two years later when the courts strike that one down, the agency switches to the Germ-Free Kitchens Act of 1946. Now they claim that authorizes them to screw with dishwashers. Back to Square One again with the lawsuits.

Biden is on his third supposed reason why he's allowed to give people free college using taxpayer money. Every time a court strikes one down, his lawyers find another one. //