Posts Tagged chevron deference

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.”

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Fishing Industry Case Could Restrict ATF’s Power

From Washington Gun Law:

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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.”

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