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Posts Tagged chevron deference
How Will The Chevron Decision Affect Gun Owners
From Ammoland:
“Hopefully, it tones down all of the administrative agencies because it returns power to the judiciary. It should tone down the ATF just like the rest. They can no longer adjudicate their own rules and say, ‘we’re right because we said we’re right.’
Fisherman Case Could Destroy The ATF and The Administrative State
From Ammoland:
The cases are Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. The cases ask the Supreme Court to consider more than just the question of whether the government can force a private enterprise to bear the monetary costs of accommodating a government function. It challenges what’s referred to as the Chevron doctrine, a legal doctrine that arose from a previous Supreme Court decision that has over time given wide swath to federal agencies to sort of fill in the holes – if you will – of how the government is to enforce a law when the statute passed by Congress doesn’t explicitly dictate it. It basically allows unelected federal bureaucrats to create laws. Under the Chevron Doctrine, the federal judiciary gives deference to federal agencies’ interpretation of the law, and some would argue abdicate their constitutional responsibility to say what the law means. Chevron deference is the lifeblood of the “administrative state.”
FPC Tells Supreme Court Chevron Deference Is Unconstitutional
From Ammoland:
“Chevron violates Article III by transferring from the judiciary to the executive the ultimate interpretative authority to say what the law is,” argues the brief. “It violates Article I by incentivizing Congress to abdicate its legislative duties and delegate legislative authority to the executive. As a result, Chevron accumulates legislative, executive, and judicial powers in a single branch of government—which the Founders considered the very definition of tyranny.”