What's the Chevron Case?

[Lawdog Dago Dom]

I've been asked about just what this case has to do with gun owners. Well, it has to do with the rulemaking authority of federal agencies. The BATFE, being one such agency. It's a 1984 case that outlined administrative authority, which most feel has been egregiously exceeded by the BATFE.

 

The best explanation I could find, without too much legal mumbo jumbo, was on the Ammoland page.

 

SCOTUS Agrees To Hear Case Challenging Chevron Deference (ammoland.com)

[Itchy Trigger]

This is a VERY IMPORTANT case because the administrative branch has been expanding its power almost exponentially to the point that if Congress doesn't pass a law preventing something the administrative branch just does it. The Chevron case is often used as a basis. It does not only affect the ATF, but all bureaucratic agencies that expand their power every year with regulations that Congress has not directly authorized or prevented.

 

The Obama/Biden agency keeps threatening to use the EPA to start regulating ALL drainage issues, whether it be a ditch at your house or a pond for your cattle based on the "Navigable Waters Protection Rule". I don't think a culvert running down the street is a "navigable water" but it may soon require a permit to change the slope of it.

 

The administrative branch doesn't even seem to be limited by the purse string anymore, just give us more money we ran out.

 

Even the list of personal assistants to the presidential office has skyrocketed.

Lady Bird Johnson had a single part time assistant, Hillary Clinton had 19, Michelle Obama had 18 ($1.5 Million) and Melanie Trump had 4 (Half a Million).

[Tell Sackett SASS 18436]

From 1984, eh?

How appropriate!!

[Texas Jack Black]

 This will impact state and local as well. All I can say is it is about time .

[J.D. Daily]

On 1/20/2024 at 1:23 PM, Texas Jack Black said:

 This will impact state and local as well. All I can say is it is about time .

SCOTUS in 2022 & 2023 took a big bite out of Chevron in 2 decisions, WV v. EPA & Sackett v. EPA.  WV challenged the Biden EPA reinstating a rule that existing sources had to use EPA specified technologies to reduce air pollution.  WV challenged the EPA regulation as exceeding authority given the EPA by the Clean Air Act.  Sackett involved the Clean Water Act Waters of the US interpretation that followed justice Kennedy's concurring opinion in Rapanos v. US.  Until in 2023 Sackett v. EPA opinion federal courts follow Kennedy's concurring opinion rather than the plurality's (signed by 4 justices) which was more limiting than a nexus.  In both the 2022 WV case and 2023 Sackett case chief justice Roberts wrote the majority opinions which spanked the EPA.  Roberts cited the previously ignored "Major Questions doctrine.  If the executive branch interpretation of law increases the scope of law it is unconstitutional because this power is reserved for Congress.  Sackett limits a water of the US to those that continuously flow on the surface into a body of water that eventually flow into a body of water that crosses a US boarder.  This means that a lot of wetlands & vernal streams that the EPA has been regulated have become a state only regulated per the 10th Amendment.

During the 202-2024 SCOTUS session they will hear Loper Bright Enterprises v. Raimondo.  This is the case that constitutional scholars have been saying will be the knockout blow to Chevron.

P.S.  The Chevron opinion was so wrong because other than violating the Major Questions doctrine it violated the Rule of Lenity which has its' origin in centuries old English Common Law affirmd by 9th century US jurisprudence.