Supreme Court to decide on far-reaching doctrine that gives administrative agencies wide power – IOTW Report

Supreme Court to decide on far-reaching doctrine that gives administrative agencies wide power

JTN: The Supreme Court this week began hearing arguments in a case that could have a deep impact on the federal government’s power to set regulations across a wide array of areas. The decision could be among the most consequential the court will make in a generation. 

At the heart of the case is the legal doctrine called “Chevron deference“, a precedent that emerged from a 40-year-old case involving Chevron, the oil giant, and environmental lobby group The National Resources Defense Council. The original debate was over the meaning of the word “source” in the 1963 Clean Air Act. But it came to mean that when interpretations are split over ambiguous regulations or policies judges should defer to the positions taken by federal agencies because of their supposed expertise. 

In the wake of the doctrine, Congress began to write open-ended laws with room for interpretation, purposely leaving the final decision to federal agencies. That significantly increased the influence of agencies, and in recent years that has sparked charges of government overreach, setting the stage for the latest developments.  MORE

15 Comments on Supreme Court to decide on far-reaching doctrine that gives administrative agencies wide power

  1. Hoping they kick this in the head and lock it down tightly. This has been a problem with the IRS for years now, thet it doesn’t matter that their help line gave you one answer, it is up to the opinion of the auditor if you did it right.

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  2. ^ Bureau of Land Management
    Department of Education
    Department of Energy

    Oh, crap, here we go listing all the bullshit agencies, especially all the ones related to the ‘Commerce Clause’ of the Constitution.

    Screw it. Consider the list written…

    Shut it ALL DOWN!

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  3. “Congress began to write open-ended laws with room for interpretation……”
    All laws are written by lawyers. If the laws are vague, they can be challenged in court, which in turn, will provide a perfect vehicle for the almighty ‘billable hours’. The ‘bug’ is actually a feature!

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  4. It should be an easy decision as the Constitution grants lawmaking to ONLY Congress but in this day and age and the fear of actually doing what’s right is so prevalent, you never know.

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  5. Amendment X
    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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