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Re: autotel post# 111155

Friday, 06/28/2024 4:02:23 PM

Friday, June 28, 2024 4:02:23 PM

Post# of 111167
HAHAH
Realy.. I hope your right!!
but I Thought...


The case of Loper Bright Enterprises v. Raimondo is a landmark Supreme Court decision issued on June 28, 2024, that has significant implications for Chevron deference. Here's a breakdown:

What is Chevron deference?

Chevron deference was a legal principle established in the 1984 case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. It gave courts some deference to how federal agencies interpret the laws they're tasked with enforcing. Under Chevron, courts would generally defer to an agency's interpretation as long as it was reasonable and not inconsistent with the clear intent of Congress.

What did Loper Bright decide?

The Supreme Court, in a 6-3 decision, overturned Chevron deference. The Court argued that the plain text of the Administrative Procedure Act (APA) requires courts to exercise their independent judgment when reviewing agency interpretations of law. They found that Chevron deference wasn't required by the APA and had become problematic in practice.

What does this mean?

The Loper Bright decision means that courts will now scrutinize agency interpretations of law more closely. Agencies will no longer be able to rely on Chevron deference to shield their interpretations from judicial review. This could lead to:

More litigation: Businesses and individuals may be more likely to challenge agency actions if they believe the agency's interpretation of the law is unreasonable.
Increased uncertainty: With less deference to agencies, there might be more uncertainty about how certain laws will be enforced.
Potentially more power for Congress: If courts are less likely to defer to agencies, Congress might have a stronger role in shaping how laws are implemented.
Overall, Loper Bright is a major shift in the balance of power between courts, agencies, and Congress. The long-term effects of this decision are still unfolding, but it's clear that it will have a significant impact on how federal agencies operate and how the law is interpreted and enforced.
....IMO

Summary
Deference applies in cases of judicial review, i.e., when a plaintiff accuses an agency of unlawful
action. In such cases, the court must decide whether the agency was authorized to act as it did.
However, Congress often passes broadly worded legislation that requires agencies to fill in the
details of rule-making and enforcement. The degree of interpretation is a direct function of
lawmakers’ imprecision in crafting statutory language.
Taxes are Taxes Yes/ No?? Or is your stance of interpretation only??.

ALL IN OR NOTHING.

CAUTION: DON'T TAKE MY POSITIONS AS ADVICE. I LIKE RISK. IT CAN BE YOUR BEST FRIEND. THE PROBLEM MAY LAY WHEN YOU CAN NO LONGER GAUGE YOUR BEST FRIEND. AND ABANDON YOU.