Star Parker Founder & President, Center for Urban Renewal and Education
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Opinion

Supreme Court limits federal power in win for citizens

Star Parker Founder & President, Center for Urban Renewal and Education
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On June 28, the U.S. Supreme Court ruled in Loper Bright Enterprises v. Raimondo, limiting the power of federal agencies to interpret the laws they enforce. This decision overturned the 40-year-old Chevron doctrine, which had required courts to uphold an agency’s interpretation of a statute as long as it was reasonable when Congress had not directly addressed the issue at hand.

In the video above, Straight Arrow News contributor Star Parker argues that this ruling is a positive development, and alleges that the “administrative state” and U.S. government bureaucracy has exceeded its authorities.


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The following is an excerpt from the above video

Because laws have been so vague, Congress has let down their guard. They have not filled in details enough for the administration state [sic] didn’t know what to do. So in a lot of places, they get a lot of license, and have done some really naughty things. So thus, the Supreme Court in the decision, the Loper Bright v. Raimondo decision, the U.S. Supreme Court overruled a 1984 Chevron decision that granted federal agencies broad latitude to interpret the laws they administer.

Justice Clarence Thomas stated that the Chevron doctrine was inconsistent with the Administrative Procedural Act, and the Constitution’s division of powers between the three branches of government. The Chevron doctrine, it’s been law for that long, it required judges to give up their constitutional power to exercise their independent judgment. So Justice Thomas said that that Chevron decision allowed the executive branch to exercise powers not given to it.

The plaintiffs in Loper Bright were small family-owned fishing businesses from Cape May, New Jersey. They brought the case to challenge the National Oceanic and Atmospheric administrative rule that the federal government used to force them to pay the salaries of third-party monitors on their boats.


Interested in opposing perspectives? Have a look at how our other contributors view this issue from across the political spectrum:

Adrienne Lawrence: End of Chevron is an open invite for corporate corruption.

Ruben Navarrette: America must fix its broken Supreme Court.

On June 28, the United States Supreme Court stood up for constitutional order and placed limits on federal agencies and political appointees imposing regulatory and administrative mandates on states and local governments, businesses and the American people. That sentence seems like a lot to digest. But what has happened is that the administrative state the bureaucracy in Washington has gone beyond its scope of the law. Because laws have been so vague. Congress has let down their guard they have not filled in details enough for the administration state didn’t know what to do. So in a lot of places, they get a lot of license and have done some really naughty things. So thus, the Supreme Court in the decision, the Loper bright versus rimando decision, the US Supreme Court overruled a 1984 Chevron decision that granted federal agencies broad latitude to interpret the laws they administer. Justice Clarence Thomas stated that the chevron doctrine was inconsistent with the administrative procedural Act, and the Constitution is division of powers between the three branches of government, the chevron doctrine, it’s been law for that long, it required judges to give up their constitutional power to exercise their independent judgment. So Justice Thomas said that that Chevron decision allowed the executive branch to exercise powers not given to it. The plaintiffs in Loper bright were small family owned fishing businesses from Cape May New Jersey, they brought the case to challenge the National Oceanic and Atmospheric administrative rule that the federal government used to force them to pay the salaries of third party monitors on their boats. You fall in that monitors on their boats of the fishermen that they then have to pay for one of the fishermen described the rules impact in USA Today. He said in quotes following the laws of good thing, but the government should pay for its own monitors. Federal law should never require the fishermen to cover this costs. And they can’t afford the 700 to $900 daily fee. It’s going to run them out of business in quote 18 State Attorney General’s filed an amicus for civil court brief urging the court to limit Chevron deference in a way that is consistent with the separation of powers and the principles of federalism. Otherwise, it’s time to toss it in quote, This is what they argued the fisherman’s victory in this important case was a combination of almost a decade of fighting for their fellow fishermen and the rule of law, and then another decision Securities and Exchange Commission versus darsky. The court also protected citizens from excessive agency power by requiring federal agencies to seek civil penalties in the court of law where the defendant is entitled to a trial by jury. A Taken together these Supreme Court decisions give citizens the ability to stand up to an ever increasingly aggressive administrative state. That’s going forward. Congress needs to be clear in what they intend for laws to do and how they expect the administrative agencies to enforce these laws. They should also channel our founders intent that states and the American people have primary responsibility to govern themselves.

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