Posts Tagged chevron doctrine

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.’

, , , , , , , , , ,

No Comments

How Will Chevron Affect The ATF?

From Bearing Arms:

The Supreme Court’s decision to scrap the Chevron Doctrine doesn’t automatically mean that the ATF’s rules on unfinished frames and receivers, pistol stabilizing braces, and who is “engaged in the business” of dealing firearms will be thrown out by the federal judiciary, but it definitely makes it more difficult for the DOJ to defend the rules going forward. 

No longer can the agency reliy on judges giving the agency the benefit of the doubt when it come to interpreting supposedly ambiguous language. Unless the ATF is strictly adhering to the underlying statute when crafting its rules (which has not been the case in recent years) the odds are good that the rule will fall

, , , , , , , , , ,

No Comments

Supreme Court Overturns “Chevron”, Restraining Power Of Bureaucrats

From The Truth About Guns:

The Supreme Court’s decision is particularly noteworthy for gun owners, as it curtails the regulatory authority of the ATF. The ruling effectively limits the ATF’s ability to interpret and enforce regulations without explicit congressional authorization, even when pushed by a presidential administration hostile to the Second Amendment.

, , , , , ,

No Comments

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.”

, , , , , , , ,

No Comments