Supreme Court Overrules Chevron

[GaryS]

I expect a floodgate of litigation to open after this ruling. The court did not touch this issue in West Virginia versus EPA, but the writing was on the wall.

This could save the economy billions of dollars in complying with endless government mandates.

 

[BEEBEE]

Agencies are not meant to make the rules but enforce them. Look how New York used its power to force banks and others to put the NRA out of business. Total abuse of power to take down something they do not agree with. That is not how government is supposed to work. These people who operate this way should be held accountable. I am not against regulations and inspections.

 

[sceva]

Lots of handwringing today saying that the "Experts" at the agencies are who should be determining how to interpret law / make rules. I instantly thought of the BATF experts and their interpretations: Bump stocks are perfectly legal - Oops new administration wants us to look again, They're Not legal, turn them in. Braces are perfectly Legal - Oops new administration wants us to look again, They're Not legal, turn them in.
The "experts" generally take their directions from the bureaucracy heads and the bureaucracy heads take their direction from those in power.

 

[Racer X]

I expect a floodgate of litigation to open after this ruling. The court did not touch this issue in West Virginia versus EPA, but the writing was on the wall.

This could save the economy billions of dollars in complying with endless government mandates.

SCOTUS said they wouldn't revisit past cases though.

 

[CAJUNLAWYER]

Congress is so busy pissing on each others' Cheerios and grandstanding in special committee hearings about pretty much nothing they don't really have time to thoughtfully pass laws that are understandable and do not require wholesale tweaking by regulatory agencies.

 

[GaryS]

They won't revisit past decisions, but that doesn't preclude new litigation over issues that haven't been litigated previously.

SCOTUS said they wouldn't revisit past cases though.

 

[DWalt]

Lots of handwringing today saying that the "Experts" at the agencies are who should be determining how to interpret law / make rules. I instantly thought of the BATF experts and their interpretations: Bump stocks are perfectly legal - Oops new administration wants us to look again, They're Not legal, turn them in. Braces are perfectly Legal - Oops new administration wants us to look again, They're Not legal, turn them in.
The "experts" generally take their directions from the bureaucracy heads and the bureaucracy heads take their direction from those in power.

That is pretty much what my regulatory lawyer friend says. Those bureaucrats in Federal agencies who make those decisions regarding what some imprecise regulatory statute requirement means are very often technically unqualified to do so and don't know or care about the possible ramifications of their decisions. The Supremes have now said enough is enough, and agencies must go to court and go through a legal process of interpretation instead of shooting from the hip.

 

[HOUSTON RICK]

Most of the rules that we are forced to live by were made up by some government employee stuck on the toilet so long that he had nothing better to do. The people we elect to make these rules lack the experience and knowledge necessary to even know whether there should or should not be a rule much less what such a rule would state. One example, the state and federal tax codes are loaded with unconstitutional regulations that most follow and assume are properly enacted laws.

 

[Tom S.]

This is a great decision, especially if it is applied to one of our favorite agencies, ATF. However, please follow the rules about political discussions and don't digress into them as it will result in corrective measures that this decision won't let yo out of!

 

[CAJUNLAWYER]

This is a great decision, especially if it is applied to one of our favorite agencies, ATF. However, please follow the rules about political discussions and don't digress into them as it will result in corrective measures that this decision won't let yo out of!

Apply it to the IRS as well!!!

 

[johngalt]

This is turning out to be the best Supreme Court in a very long time. Maybe since before FDR stacked the court with New Dealers.

 

[Kevin J.]

This is absolutely a big deal. The "Chevron deference" gave Federal government agencies way too much leeway in their rule-making. Think bump stocks and pistol braces just to mention two recent ATF controversies.

But it was everywhere. The Loper Bright Enterprises case involved mandates to commercial fisherman to have inspectors on their boats at al times when at sea. Very nutty.

And also pay $700 a day for those on board inspectors. Insane.

 

[llowry61]

Congress is so busy pissing on each others' Cheerios and grandstanding in special committee hearings about pretty much nothing they don't really have time to thoughtfully pass laws that are understandable and do not require wholesale tweaking by regulatory agencies.

Caj, I fully understand tweaking to make things work, but I have seen the absolute perversion of law by regulatory agencies.

An example being the CFPB's attack on Hannah under Dodd Frank. They have no business overseeing law firms and defining meaningful attorney involvement in modern day collections. This was an effort to stop legal recovery. I understand the debt buyers may not have had the solid documentation an issuer who placed directly may have had, but it impacted everyone in a negative way and accomplished the goal. Make it so cumbersome and expensive that placing with attorney's is no longer cost effective even though that is the only way to recover the loss. Forces borrowing costs up for everyone who is not charging off.

Hannah fought them and you know what happens when you fight them. The process is the punishment.

 

[johngalt]

The next big thing to tackle is asset forfeiture laws.

 

[ladder13]

I’m willing to bet the solar industry is not under the magnifying glass as other industries.

 

[MrOverlay]

Chevron Deference Decision

I hope folks take notice of the overturning of the Chevron Deference case by SCOTUS this week.

It has the potential to be one of the biggest cases in a long time.

 

[Kevin J.]

This is a great decision, especially if it is applied to one of our favorite agencies, ATF. However, please follow the rules about political discussions and don't digress into them as it will result in corrective measures that this decision won't let yo out of!

Say what

 

[dsf]

Hmmm. I wonder if all those DEWATs stashed away in attics are no longer considered machine guns. Because when you pull the trigger ..... nothing happens. I bought one of the few Hahn Machine & Tool M14s a few years back, approved by ATF. Does "once a machine gun, always a machine gun" go away and we'll see semi converted M14s for sale? Auto sears for AR 15s suddenly worth the $25.00 it costs to make them and AR compatible receivers?

 

[GaryS]

I wouldn't expect anything to "go away" without litigation. By rights, every federal agency should look at every regulation to see if it falls within the scope of LOPER BRIGHT ENTERPRISES ET AL. v. RAIMONDO, SECRETARY OF COMMERCE, ET AL.

I hope that would happen, but I don't think it will under the current administration.

Hmmm. I wonder if all those DEWATs stashed away in attics are no longer considered machine guns. Because when you pull the trigger ..... nothing happens. I bought one of the few Hahn Machine & Tool M14s a few years back, approved by ATF. Does "once a machine gun, always a machine gun" go away and we'll see semi converted M14s for sale? Auto sears for AR 15s suddenly worth the $25.00 it costs to make them and AR compatible receivers?

 

[HOUSTON RICK]

Bureaucrats worship their regulations and follow them no matter how ill-founded. You have to lawyer up to overturn them. They will argue that they do not have the jurisdiction to change the rules they dreamt up. In state courts the judge knows his pay comes from those taxes, so he will rule for the state and then you move on to federal court to get your first potentially impartial hearing years later.