(RepublicanNews.org) – It seems as if four Justices were willing to overturn a landmark Supreme Court ruling that would have far-reaching consequences.
According to a report, federal administrative law is a complex field that affects nearly every facet of American life. A landmark case in this area is Chevron v. National Resources Defense Council. As a precedent-setting judgment, Chevron severely restricts the power of unelected federal courts to decide national policy.
During arguments on January 17th, Justice Ketanji Brown Jackson said that Chevron forces judges to confront a fundamental issue. When does the court conclude that an issue is not their call?
Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh of the Supreme Court devoted a significant portion of Wednesday’s arguments to the cases of Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce.
Finding a fifth vote is the issue for the four most vocal opponents of this landmark decision on the Court.
The three Democrat Justices were not open to transferring power to federal judges. Justice Amy Coney Barrett and Chief Justice John Roberts are the only justices whose opinions are still up for grabs.
A report shows that a group of 27 states, headed by West Virginia Attorney General Patrick Morrisey filed a petition with the United States Supreme Court requesting that they either clarify or overturn the Chevron deference. The challengers asked the Court to reconsider the issue last December.
A National Marine Fisheries Service (NMS) rule mandating the presence of a second observer on board herring fishing vessels to record adherence to federal regulations is at the heart of the dispute at hand (Loper Bright Enterprises v. Gina Raimondo, Secretary of Commerce). The problem is that the fishing firms must pay the $700/day monitor’s wage.
Morrisey said the policy preferences of agencies do not matter as much as the words of Congress. Furthermore, agencies should not be allowed to capitalize on vague or silent statutes to expand their authority beyond what Congress had intended.
According to the coalition’s brief, there has been a misuse and manipulation of the Chevron concept, which has allowed federal agencies to run wild.
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