More Chevron Insight

      Comments Off on More Chevron Insight

Dr.Tom Woods has weighed in on the decision of the Supreme Court (SCOTUS) to overturn Chevron Deference.  DR. Woods presents a summary from a gentleman named Spike Cohen about what Chevron was and why this precedent needed to be overturned.

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 is difficult to overstate the calamitous effect this decision had on our country.  Much of the intrusion of government into our lives is a result of this wrong-headed decision.  Chief Justice Roberts called the decision “misguided.”  “Misguided” does not do justice to the bad effects this SCOTUS output has had.

Dr. Woods goes on:

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.

How many people died because they were forced to get the jab that masqueraded as a vaccine?  The jab was not safe and certainly was not effective.  In this country alone the estimates are that over 600,000 people perished from the jab.   Peer-reviewed studies are showing that the more one got jabbed, the more likely one was to get COVID.

This was a direct result of Chevron.

Dr. Woods continues:

As I said, overturning this is a big deal.

The people weeping right now are some of the worst in our society, so that reinforces how good the decision to reverse it was.

Harvard’s Laurence Tribe feels sorry not for Americans who have been endlessly harassed by these semi-lawless agencies, but for his legal buddies who were trained to operate in this environment: “The ones I feel sorry for are my administrative law colleagues who built their courses and careers around the intricacies of Chevron deference.”

That this kind of people will have to find something else to do is a wonderful bonus, not something to deplore!

So I said to Tribe on Twitter: “I already support the decision; you don’t have to keep selling it to me!”

Whenever something like this happens, when a wicked but seemingly irreversible feature of American life is suddenly overturned, it should lift our spirits: things we assume are forever may not be so forever after all.

The Thomas Court clearly is headed to returning the country to the constitutional framework that our country was built on.  Personally I may have some difficulty with the gradualism approach of Chief Justice Roberts.  However, there can be no denying that the current court is attempting to rule based on the Constitution and not some made-up version of the document.  I look forward to more such decisions in the future.