Saturday, June 29, 2024

Death of the Chevron Legacy

 Ian Millhiser, writing on VOX, follows the typical liberal drift each time the "deep state" agencies and staffers lose a little control when he writes, "The Supreme Court handed down what is likely to be one of its most consequential modern-day decisions on Friday."   While I agree with him that this is likely to be a very consequential decision, I disagree with his conclusions that the decision is bad.  Rather, I believe it is a much needed correction.  

In "Chevron" the courts and congress ceded to the deep state staffers and agencies the ability to interpret laws, and actually add requirements to the implementation of said laws.

The current SCOTUS reversed that, and returned the policy making responsibilities to the elected congress.   In "Loper Bright Enterprises v. Raimondo" the court gutted a decades old decision which had allowed, and even encouraged the unelected deep staters to actually build up a legislative system by which they issued regulations on nearly aspect of our daily life.

The frustration of the typical citizen with the exponential growth of egregious regulatory has been displayed by the rise of populism and the extraordinary support for reformers like Donald J. Trump.   If liberals really want to defeat Trumpism, they must embrace a return to elected legislative power, however, that would actually destroy liberalism, because most of the regulations being perpetrated on the citizenry would never pass the scrutiny of the legislative bodies.

Both the court and the legislature are responsible for allowing these nameless staffers and agencies which have proliferated over the last forty years to achieve such power, because it is hard work to bring bills to congress and do the necessary leg work to gain passage.   This allows for a "do nothing" legislative body to draw huge salaries, benefits, and retirement with raising the ire of the citizens they are there to serve, because nearly every bill has "pro" and "con" positions.

The folks at American Action Forum report that the economic costs of the regula-holics have reached over $1 trillion in just over three years in Office and that this price tag on private households and businesses is TRIPLE the cost under Obama.  It’s 30 times higher than new regs under Trump.


If we want a return to rationality in this era of regulatory excess, this is a good start and SCOTUS should be applauded for having the backbone to hand down such a decision.




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