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 arebeing, 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.
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Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.
248 years ago our Declaration of Independence was signed. Will America make it to 250 years? I believe so, but like those men and women who threw off King George, every American needs to stand ready to defend our great nation.
Never forget it was armed civilians who defeated the most powerful army in the world at the time, demanding freedom. These were men who understood the Old and New Testaments of the Bible, had studied world history, and understood that all men were born to be free — not oppressed by a dictator in a far-away land. Today that dictator is our own over-reaching Federal Government and the executive branch of our government. They have spent the last 100 years consolidating power in Washington D.C.
Fortunately we have started to turn that ship around. But it won’t be easy! This July 4th, when you’re watching the fireworks, remember what they really stand for.
To help get you in the spirit of independence, watch this short four-minute history channel video. Refresh your memory about what is at stake.
Please stay Ready at All Times, and help us defend all of Iowa’s rights by joining or renewing your IFC membership here today.
Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.
Last week the Supreme Court handed a big swing and a miss to the Biden/Garland (IN)Justice Department. In the case of the U.S. V Rahimi, the Garland DOJ took a terrible set of facts and tried to gut the Bruen decision, and Garland failed miserably.
“The terrible set of facts in Rahimi not [facially] 18 USC 922 G8 that says that you cannot touch a firearm, you cannot possess a firearm, if you are subject to a domestic violence restraining order while that restraining order is in effect. The Supreme Court has ruled and held that facially that law is constitutional because there are some instances where that law could beapplied consistent with the Second Amendment.”
A careful reading of the majority opinion shows 2A activists that we can challenge red flag laws, non-violent felons prohibitions, and those not under a domestic violence restraining order under due process claims. In the Rahimi case, Rahimi himself stipulated to his prohibitions, he had not litigated them.
The Buren methodology demands that the government show any restriction to 2A Rights must comply with the historical traditions known at the time of America’s Founding.
Further, an attempt by the Garland DOJ in its Ramihi arguments to infer that only “responsible citizens” have 2A Rights. But that position is an interest-balancing infringement, because who gets to determine what a “responsible citizen” is? You guessed it! It’s the same guys who have opened America’s borders, tracked your social media accounts, and propelled the FBI on Catholic faith practitioners and the parents who object at school board meetings to the radical left’s agenda.
Remember, those anti-gun dangerous quacks want as many people barred for life from having 2A rights.
History teaches us that sometimes in a war, you take a small battlefield loss to win the overall war. Unlike previous major cases that have set the stage on social issues like abortion and same-sex marriage, we in the 2A defending community have not seen a major case like Roe that we have to overturn first. Even liberal SCOTUS Justices have affirmed that Bruen is the law of the land.
Undoubtedly Mark Smith is right. We are still winning and must keep fighting this war to ensure Americans do not ever have to submit to a monopoly on power by our governments. You can watch his video in its entirety on Rahimi here.
Please stay Ready at All Times, and help us defend all of Iowa’s rights by donating to IFC-PAC today.
Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.
SCOTUS Strikes again! The Supreme Court of the United States has struck down the “bump stock” rule. It was a long time coming. We also saw a Fifth Federal District Court of Appeals Judge demolish the pistol brace rule, because of previous SCOTUS rulings.
Let’s cover the logic between these two rulings and how they affect our Second Amendment rights.
Bump Stocks
In the very emotional time after the Las Vegas attack, the bump stock rule was created. As the left does, by never letting a crisis go to waste, Americans were bullied into an emotional reaction to a violent attack. Fortunately, SCOTUS pointed out the important fact that only Congress has the authority to create law. The BATFE cannot just make things up as they go along, period. As the Second Amendment Foundation explained:
“This is a significant victory for gun owners because it reminds the ATF it simply cannot rewrite federal law,” said SAF Founder and Executive Vice President Alan M. Gottlieb. “The agency has just been reminded that it can only enforce the law, not usurp the authority of Congress.”
Pistol Braces
When it came to the pistol brace reinterpreted rule redefining millions of pistols as short-barreled rifles, the Fifth Circuit Court of Appeals slapped down the BATFE for the exact same reasons. The trial judge then followed the Supreme Court’s guidance and declared the rule null and void. As Streiff over at Red State observed:
Today’s decision was a clean sweep for the plaintiffs. Judge O’Connor slammed the BATFE for violating rule-making procedures and exceeding its regulatory authority. He stopped just short of asking the BATFE to provide written evidence that they had a clue or were capable of finding one.
Essentially what the BATFE did in creating both rules was make vague and illegal rules “interpretations”. It also violated the Administrative Procedures Act.
Both the previous ruling limiting the Chevron Deference (hopefully soon to be struck down completely by SCOTUS), and the Bruen decision, are having major impacts in reining in an out-of-control federal administrative state.
Please stay Ready at All Times, and help us defend all of Iowa’s rights by joining or renewing your IFC membership here today.
Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.
Are we at the legal breaking point yet? Last week’s conviction of President Trump in a totally bullsh*t case is the most in-your-face move yet by the authoritarian left. What is now no longer in question is that we have a two-tiered justice system in America that protects liberals, and punishes everyone else.
Even Elie Honig, a CNN Legal Analyst, called out the unconstitutionality of the whole case:
“The judge donated money in plain violation of a rule prohibiting New York judges from making political donations of any kind — to a pro-Biden, anti-Trump political operation, including funds that the judge earmarked for “resisting the Republican Party and Donald Trump’s radical right-wing legacy…
District Attorney Alvin Bragg ran for office in an overwhelmingly Democratic county by touting his Trump-hunting prowess…
Most importantly, the DA’s charges against Trump push the outer boundaries of the law and due process.
…the charges against Trump are obscure and nearly entirely unprecedented. In fact, no state prosecutor — in New York, or Wyoming, or anywhere — has ever charged federal election laws as a direct or predicate state crime, against anyone, for anything. None. Ever…
Standing alone, falsification charges would have been mere misdemeanors under New York law, which posed two problems for the DA. First, nobody cares about a misdemeanor, and it would be laughable to bring the first-ever charge against a former president for a trifling offense that falls within the same technical criminal classification as shoplifting… Second, the statute of limitations on a misdemeanor — two years — likely has long expired on Trump’s conduct, which dates to 2016 and 2017.
So, to inflate the charges up to the lowest-level felony (Class E, on a scale of Class A through E) — and to electroshock them back to life within the longer felony statute of limitations — the DA alleged that the falsification of business records was committed “with intent to commit another crime.” Here, according to prosecutors, the “another crime” is a New York State election-law violation, which in turn incorporates three separate “unlawful means”:federal campaign crimes, tax crimes, and falsification of still more documents.Inexcusably, the DA refused to specify what those unlawful means actually were — and the judge declined to force them to pony up — until right before closing arguments…
In these key respects, the charges against Trump aren’t just unusual. They’re bespoke, seemingly crafted individually for the former president and nobody else…
“No man is above the law.” It’s become cliché, but it’s an important point. It’s worth pausing to reflect on the importance of this core principle. But it’s also meaningless pablum if we unquestioningly tolerate (or worse, celebrate) deviations from ordinary process and principle to get there…”
Meanwhile in New York City…
If you defend yourself from robbery or other crimes in NYC, you will be prosecuted. Take the case of the 61-year-old bodega employee who turned the tables on a convicted felon trying to rob and kill him. Or the case of a Marine Veteran who fatality restrained someone threatening to kill people on a subway. The NYC District Attorneys will charge the good guys while letting violent criminals be undercharged, if not just let go completely. This isdespite NYC Police’s best efforts to control the violence on that once great city’s streets.
As Professor John Lott said in a recent Washington Times op-ed:
“While New York persecutes law-abiding people who try to protect themselves and others, criminals are often let go scot-free. New numbers show that Manhattan DA Alvin Bragg has downgraded 60% of felonies to lesser charges, almost always to mere misdemeanors. At the same time, left-wing DAs aren’t going after real criminals and crime is increasing, with reported violent crime (murder, rape, robbery, and felony assault) in New York City in 2023 up by 32%. Amid such leniency, reported murder rates are now up 23% from 2019 levels. At the same time, the rate at which people are reporting crime to police has plummeted, so the real spike in crime is much larger than the numbers show. Total crime, reported and unreported, has soared in large cities of more than a million people.”
Why would anyone stay in — or invest in — such corrupt and lawless places? Based on migration data, New Yorkers are leaving in droves for the Free States. New York is exactly what Obama and Biden want to happen in all of America. Our last chance to stop them is on November 5th. If not, then America is circling the drain for the last time as an administrative state robs the last traces of our freedom and dignity.
Please stay Ready at All Times, and help us defend all of Iowa’s rights by joining or renewing your IFC membership here today.
Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.
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