Wednesday, July 31, 2024
Commentary: With Chevron Dead, It’s Time to Challenge the Feres Doctrine
Last month the Supreme Court ended the 40-year precedent known as the Chevron Doctrine. When the Chevron v. Natural Resources Defense Council ruling was handed down in 1984 there was nil understanding that it would enable the burgeoning 20th Century administrative state to dig its foundation down to societal bedrock. This legal precedent tied the hands of lower courts over the next 40 years, forcing them to defer to administrative agencies on how to interpret the law in areas that congress did not offer crystal clarity.
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"...forcing them to defer to administrative agencies on how to interpret the law in areas that congress did not offer crystal clarity."
ReplyDeleteI am reminded of the Waters of the United States Act:
Farmer to Apparatchik - "That's not a wetland I'm tilling."
Apparatchik to Farmer - "IF I SAY IT'S A WETLAND, IT'S A WETLAND!", pointing to a small puddle on the ground left behind by a summer rain.
BTW, this lawsuit is being brought by an organization whose president is a man who obtained his law degree as a result of his father being hounded to death by FedGuv in a failed attempt to get his cattle off of his generational federal lease. His father later died.
It's good to see Mr. Chenoweth continuing to exact his pound of federal flesh. Heh.
Feres Doctrine needs to be abolished.
ReplyDelete"tied the hands of lower courts"
ReplyDeleteThe Good(TM) Loyal(TM) Party Members will clean up the Mistakes(TM) of the less Good Party members.
Because not everybody that lines up for the corrupt teat, is corrupt. You know.