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Tuesday, July 25, 2023 7:21:57 AM
"In the upcoming high court term, the justices will weigh a case known as Loper Bright Enterprises v. Gina Raimondo, which asks the justices to pare back the 1984 high court Chevron deference, which tells courts to defer to agency's interpretations of statutes when the language written in them is ambiguous or vague."
"The case, slated to be argued in the high court by veteran attorney Paul Clement, asks the justices "Whether the Court should overrule Chevron or at least clarify that statutory silence concerning powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency."
https://www.supremecourt.gov/DocketPDF/22/22-451/272670/20230724095815281_22-451%20tsac%20Buckeye%20Inst%20and%20NFIB%20Final.pdf
From the NFIB Amicus Brief: "More and more often, that
government overreach comes in the form of agency
rules and regulations imposed by unelected
bureaucrats. The result is not just government
overreach but the insulation of important public policy
decisions from political or judicial accountability. This rule by regulatory agencies—particularly when those
agencies’ statutory interpretations are granted
judicial deference on questions of legal
interpretation—is incompatible with representative
democracy and the Constitution’s system of checks
and balances. Forty years of experience with Chevron
has revealed its flaws, and Buckeye will show how
jettisoning that doctrine will return the judiciary to its
proper role in our governmental scheme."
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