HOW BADLY WILL SCOTUS WOUND THE ADMINISTRATIVE STATE?
[Skye’s Links 12/21/23 gave you a heads up here: This could lead to the most important Supreme Court win in the past century – no kidding. The case is Loper Bright v Raimondo. SCOTUS arguments start Jan 17 for why at least 5 Justices should overthrow a 1984 Court monstrosity called “Chevron Deference” allowing administrative agencies like ATF to act as lawmakers. They create “rules” and “regulations” based on existing law, then use Chevron to affirm their rule change as “reasonable.” This is a Very Big Deal!]
On Wednesday (1/17), The Supreme Court’s conservatives appeared inclined to cut back the regulatory power of federal agencies, with several justices during a pair of arguments seeming ready to overrule a legal doctrine that has bolstered agencies’ authority for decades.
Over more than three hours of argument, the justices put the Biden administration’s top Supreme Court lawyer on defense as she sought to preserve Chevron deference, which instructs courts to defer to agencies’ interpretation of federal law if it could have multiple meanings.
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