FINALLY CHEVRON DEFERENCE IS DEAD!

Yes, folks, Chevron Deference is dead! What does that mean? Simply put, it means the Supreme Court told Congress to get back to work. They must stop pawning off their power to unelected Executive Branch bureaucratic agencies. These bureaucrats have become lawmakers that control the entire legal process in “administrative courts”.

Last year I wrote this to explain Chevron Deference:

“About forty years ago the US Supreme Court (SCOTUS) created what is now known as the Chevron Deference.  As the Brookings Institute explains, this allows the courts to defer to reasonable agency interpretation of ambiguous federal statutes. Possibly the greatest legacy of the current SCOTUS may be one of annihilating the administrative state, by ending the doctrine of Chevron Deference.”

There are lots of very complex explanations out there right now, regarding the impact of striking down Chevron Deference in the Loper Bright Enterprises SCOTUS decision just handed down. Most of these explanations are written by lawyers – and for lawyers. Let me break it all down for you, with the help of The Second Amendment Foundation’s Bill Sack from a piece in AmmoLand;

“Chevron was overturned formally based on the Administrative Procedures Act, which sets out the procedures that federal agencies must follow as well as instructions for the courts to review actions by those agencies. The Supreme Court decided that this deference was unlawful. The Supreme Court said federal courts should start from scratch, rather than showing deference to the alphabet agencies.”

The High Court removed their thumb from the scale.

That last statement is mine. We have seen abuses by federal agencies of the rulemaking process, including by the beloved BATFE.  Recent reinterpretations of rules regarding pistol braces, the frame & receiver rule, and the bump stock ban have been, and are being, struck down.  This is occurring at various levels of Federal Courts (up to and including SCOTUS), using the Administrative Procedures Act. 

Why This Matters

This decision is a major blow to the 100 years of federal overreach that started in the 1920’s. It will take time to fully reverse the consolidation of power in Washington D.C. We all need to pressure our State Legislatures to press the Federal Government back into its only lawful role under the Enumerated Powers Clause in the US Constitution. I’ll give you the short version: Congress only has the authority to do about eighteen things, despite its overstepping its bounds for over 100 years under the guise of “modern views”. That view is that “our betters” in government know what’s best for us. 

I am running the world.

Nothing better illustrates that attitude than when Joe Biden made that statement in his ABC Interview on July 5th. I don’t care if it’s Michael Bloomberg, Barack Obama, or George Soros and their minions, we as Americans get to live with the consequences of our own decisions. We should not suffer the consequences of others’ decisions that we have had no say in. After all, how many of “our betters” ever pay a price for their bad decisions? 

Joe Biden can barely walk across a stage. He is not running the world.

Please stay Ready at All Times, and help us defend all of Iowa’s rights by donating to IFC-PAC today. Those small recurring monthly donations of $10, $25, or $100 do make a huge difference in our ability to get the message of freedom out there.

Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.

Dave Funk
President
Iowa Firearms Coalition