SCOTUS Shifts Power Balance Away From Administrative Agencies

Agencies
The Supreme Court basically “neutered” all the “nanny state” executive branch agencies.
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SCOTUS just ripped serious power away from executive branch administrative agencies. They’ve been infuriating liberals with one landmark decision after another this month. The most recent two rulings causing Democrat heads to explode “broadly expanded the power of judges” at the expense of executive branch regulators. The “judges” part is misdirection from the media. They’re simply upset Joe can’t send the cops for your gas stove and outlaw internal combustion engines. Remember when they tried to apply the federal wetlands act to your kitchen sink?

Regulate the regulatory agencies

The Supreme Court basically “neutered” all the “nanny state” executive branch agencies.

The ones with power to regulate the details of your everyday life, from the stove you use to cook breakfast to the car you drive to work. Those are only two common examples, there are millions more.

SCOTUS used their own nearly unlimited powers to take the authority away from agencies. By killing the Chevron doctrine, justices curtailed “a wide range of financial, environmental, workplace and consumer protections.” Some say we don’t need all that protection courtesy of Big Brother. Liberals insist we do.

It’s just part of a continuing trend with the federal judiciary and the Supreme Court in particular, exercising more and more power at the expense, potentially, of the other branches,” Don Goodson complains. He’s deputy director of the Institute for Policy Integrity at New York University School of Law, votes blue, drinks Bud Light, and shaves with Gillette.

Under Chevron, judges in every court were required to “defer to agencies when the law is ambiguous.” That law is itself ambiguous enough to be unconstitutional.

It’s not even a law, more like one of those trendy “trans” pseudo-laws based on the legal precedent of Loper Bright v. Raimondo. Liberals like Goodson like to have that power in their hands, through the agencies they grease with donations.

We don’t need all that protection courtesy of Big Brother.

No more administrative courts

The other big ruling which freaked out progressives involves the Securities and Exchange Commission. Specifically, the SEC’s “use of internal administrative courts to try civil fraud cases.” They can’t do that because it’s unconstitutional.

A real court has to sit on civil fraud matters. That move “could reverberate to other agencies that also use administrative courts.

Conservatives are thrilled. Jesse Panuccio served as the Justice Department’s acting associate attorney general during the Trump administration. He explains the part you won’t get from liberal talking heads.

The executive branch has grown vastly in its powers and in the scope of its regulation.” Big Brother is everywhere. “I think the court is saying, if that’s where we’re going to be, we need to rein in some of these presumptions in favor of agencies.

James Goodwin has been having a total meltdown. The policy director at the Center for Progressive Reform notes all the opinions released this week are “all pointed in the same anti-regulatory direction.

The SEC case, he predicts, will “have a chilling effect on agency enforcement actions.” Killing the Chevron doctrine will have a “similar chilling effect on agencies, but with respect to policy making.

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Mark Megahan

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