d2jsp
Log InRegister
d2jsp Forums > Off-Topic > General Chat > Political & Religious Debate > Chevron Deference
Add Reply New Topic New Poll
Member
Posts: 23,970
Joined: Feb 28 2007
Gold: 35,554.14
Warn: 10%
Jul 3 2024 05:54am
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.
Member
Posts: 39,530
Joined: Mar 12 2003
Gold: 4,634.00
Jul 3 2024 06:10pm
Quote (sirthom @ Jul 3 2024 06:54am)
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.


:bonk:

nice lie

Member
Posts: 57,229
Joined: Oct 14 2010
Gold: 57,480.92
Jul 3 2024 06:29pm
Couple bad examples and outright lies there
Anyways.. we potentially get to enjoy in the near future the following:
1. Rollbacks in workplace safety (Enjoy dieing I guess)
2. Rollback to environmental protections (No more clean air or water for you)
3. Non approved medications being fed haphazardly to patients (Lab monkeys but they're people)
Member
Posts: 25,139
Joined: Dec 20 2006
Gold: 82,014.68
Warn: 10%
Jul 8 2024 12:06pm
Quote (sirthom @ Jul 3 2024 04:54am)
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.


chevon deference tldr:



did all the states agree to the unconstitutional outsourcing of law interpretation?

This post was edited by lodd222 on Jul 8 2024 12:11pm
Go Back To Political & Religious Debate Topic List
Add Reply New Topic New Poll