Read the story here. Advertise at Before It's News here.
Profile image
By Freedom Bunker
Contributor profile | More stories
Story Views
Last hour:
Last 24 hours:

Supreme Court Delivers Crippling Blow to Permanent Bureaucracy’s Power Over Our Lives

% of readers think this story is Fact. Add your two cents.

DCNF(DCNF)—The Supreme Court handed small fishing companies a victory Friday in their lawsuits against the National Oceanic and Atmospheric Administration (NOAA), overturning a decades-old precedent that expanded the power of the administrative state.

Siding 6-3 with the fishermen, the Supreme Court reversed its 1984 landmark case, Chevron v. Natural Resources Defense Council, which lower courts relied on to uphold NOAA’s rule forcing companies to doll out $700 per day — around 20% of their revenue — t0 pay the salaries of federally mandated on-board observers. The principle of Chevron deference, rooted in the landmark case, instructed courts to defer to reasonable agency interpretations of statutes when the language is ambiguous.

“Chevron is overruled,” Chief Justice John Roberts wrote in the majority ruling. “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, as the [Administrative Procedure Act] requires.”

Small fishing companies sued NOAA after the agency required businesses to pay for the on-board monitors based on its interpretation of the Magnuson-Stevens Act (MSA), the law governing fishery management. In both Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, lower courts deferred to the agency’s interpretation of the law, citing the Chevron ruling.

Roberts called Chevron “a judicial invention that required judges to disregard their statutory duties.”

“Perhaps most fundamentally, Chevron’s presumption is misguided because agencies have no special competence in resolving statutory ambiguities,” Roberts wrote. “Courts do.”

Critics of Chevron argued the doctrine, in practice, enabled agencies to assert their interpretations of the law without resistance from the judiciary, giving the government the automatic upper hand when challenged in court and raising significant separation-of-powers concerns.

New England Fishermen’s Stewardship Association (NEFSA) highlighted the burden NOAA’s rule placed on businesses in an amicus brief. The short training sea monitors receive does not equip them for the rough conditions on board, the association argued, creating safety concerns and forcing crews to shoulder the burden.

Justice Elena Kagan wrote in the dissent that the majority “disdains restraint, and grasps for power.”

“Its justification comes down, in the end, to this: Courts must have more say over regulation over the provision of health care, the protection of the environment, the safety of consumer products, the efficacy of transportation systems, and so on,” she wrote. “A longstanding precedent at the crux of administrative governance thus falls victim to a bald assertion of judicial authority.”

New Civil Liberties Alliance (NCLA) President Mark Chenoweth said that “the dismantling of the unlawful Administrative State has officially begun.”

“NCLA’s fishermen clients have landed the biggest catch of their lives by persuading the U.S. Supreme Court to take its thumb off the scale when ordinary Americans are contesting unlawful government regulations,” Chenoweth said in a statement. “When NCLA was founded less than seven years ago, taking down Chevron deference was priority number one, because agencies have used it so often to violate people’s civil liberties. That ability ends today!”

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact [email protected].

The post Supreme Court Delivers Crippling Blow to Permanent Bureaucracy’s Power Over Our Lives appeared first on 🔔 The Liberty Daily.

Read More…


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Lion’s Mane Mushroom Nootropic

Mushrooms are having a moment. One fabulous fungus in particular, lion’s mane, may help improve memory, depression and anxiety symptoms. They are also an excellent source of nutrients that show promise as a therapy for dementia, and other neurodegenerative diseases. If you’re living with anxiety or depression, you may be curious about all the therapy options out there — including the natural ones.Our Lion’s Mane WHOLE MIND Nootropic Blend has been formulated to utilize the potency of Lion’s mane but also include the benefits of four other Highly Beneficial Mushrooms. Synergistically, they work together to Build your health through improving cognitive function and immunity regardless of your age. Our Nootropic not only improves your Cognitive Function and Activates your Immune System, But it benefits growth of Essential Gut Flora, further enhancing your Vitality.

Our Formula includes: Lion’s Mane Mushrooms which Increase Brain Power through nerve growth, lessen anxiety, reduce depression, and improve concentration. Its an excellent adaptogen, promotes sleep and improves immunity.

Shiitake Mushrooms which Fight cancer cells and infectious disease, boost the immune system, promotes brain function, and serves as a source of B vitamins.

Maitake Mushrooms which regulate blood sugar levels of diabetics, reduce hypertension and boosts the immune system.

Reishi Mushrooms which Fight inflammation, liver disease, fatigue, tumor growth and cancer. They Improve skin disorders and soothes digestive problems, stomach ulcers and leaky gut syndrome.

Chaga Mushrooms which have anti-aging effects, boost immune function, improve stamina and athletic performance, even act as a natural aphrodisiac, fighting diabetes and improving liver function.

Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules Today. Be 100% Satisfied or Receive a Full Money Back Guarantee. Order Yours Today by Following This Link.

Report abuse


Your Comments
Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

Load more ...




Email this story
Email this story

If you really want to ban this commenter, please write down the reason:

If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.