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Elon Musk: Accurate: For those who don't understand what Chevron Deference is
Elon's tweet and the details I read
https://x.com/elonmusk/status/1807515190809739541
For those who don't understand what Chevron Deference is, and why SCOTUS ended it, here's the long and short of it:
A family fishing company, Loper Bright Enterprises, was being driven out of business, because they couldn't afford the $700 per day they were being charged by the National Marine Fisheries Service to monitor their company.
The thing is, federal law doesn't authorize NMFS to charge businesses for this. They just decided to start doing it in 2013.
Why did they think they could away with just charging people without any legal authorization?
Because in 1984, in the Chevron decision, the Supreme Court decided that regulatory agencies were the "experts" in their field, and the courts should just defer to their "interpretation" of the law.
So for the past 40 years, federal agencies have been able to "interpret" laws to mean whatever they want, and the courts had to just go with it.
It was called Chevron Deference, and it put bureaucrats in charge of the country.
It's how the OHSA was able to decide that everyone who worked for a large company had to get the jab, or be fired.
No law gave them that authority, they just made it up.
It's how the ATF was able to decide a piece of plastic was a "machine gun".
It's how the NCRS was able to decide that a small puddle was a "protected wetlands".
It's how out-of-control agencies have been able to create rules out of thin air, and force you to comply, and the courts had to simply defer to them, because they were the "experts".
Imagine if your local police could just arrest you, for any reason, and no judge or jury was allowed to determine if you'd actually committed a crime or not. Just off to jail you go.
That's what Chevron Deference was.
It was not only blatantly unconstitutional, it caused immeasurable harm to everyone.
Thankfully, it's now gone.
We haven't even begun to feel the effects of this decision in the courts. It will be used, for years to come, to roll back federal agencies, and we'll all be better of for it.
And that's why politicians and corporate media are freaking out about it. https://x.com/RealSpikeCohen/status/1807513128479150478
When OHSA unilaterally mandated that tens of millions of private sector workers take the COVID shot or wear masks, appellate courts cited the Chevron doctrine for allowing it
People don’t understand how important it is that Chevron deference is dead https://x.com/gregg_re/status/1806786881180328427
Ron DeSantis - The Chevron doctrine distorted the constitutional separation of powers and helped create the unaccountable, bloated administrative state.
This decision is a necessary corrective to decades of wayward constitutional jurisprudence but is, by itself, not enough to restore the proper roles of the federal government’s three branches, which will require Congress to take its obligations under Article I of the Constitution more seriously by using its law-making and spending authority to rein in the federal bureaucracy. https://x.com/GovRonDeSantis/status/1806710055636484247
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