• Investing
  • Stock
Round Table Thoughts
  • Economy
  • Editor’s Pick
Home Economy Supreme Court sides with fishermen in landmark case deciding fate of the administrative state
Economy

Supreme Court sides with fishermen in landmark case deciding fate of the administrative state

by June 28, 2024
by June 28, 2024 0 comment
Share
0
FacebookTwitterPinterestWhatsapp

The Supreme Court on Friday ruled in favor of a group of fishermen who challenged a decades-old legal doctrine that they say gave the administrative state too much power over their business.

In a 6-2 ruling where Justice Ketanji Brown Jackson did not participate, the court’s majority said the federal rule promulgated by the National Oceanic and Atmospheric Administration (NOAA) requiring the fishermen to pay $700 a day for an ‘at-sea monitor’ is out of the bounds Congress set for the federal agency.

The justices in January heard the arguments of two cases stemming from lawsuits brought by New Jersey fishermen and herring fishermen from Rhode Island challenging NOAA’s rule they say threatened to ruin their livelihoods. 

The court’s decision overruled what’s known as the Chevron doctrine — a legal theory established in the 1980s that says if a federal regulation is challenged, the courts should defer to the agency’s interpretation of whether Congress granted them authority to issue the rule, as long as the agency’s interpretation is reasonable and Congress did not address the question directly.

‘Chevron is overruled,’ Chief Justice John Roberts wrote for the court’s majority. 

‘Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, as the APA requires. Careful attention to the judgment of the Executive Branch may help inform that inquiry. And when a particular statute delegates authority to an agency consistent with constitutional limits, courts must respect the delegation, while ensuring that the agency acts within it,’ he wrote. 

‘But courts need not and under the APA may not defer to an agency interpretation of the law simply because a statute is ambiguous,’ he said. 

He added that Chevron ‘was a judicial invention that required judges to disregard their statutory duties.’ 

‘And the only way to ‘ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion,’he said. 

Justice Clarence Thomas in a separate concurrence wrote that Chevron deference ‘permits the Executive Branch to exercise powers not given to it.’

‘Chevron deference was ‘not a harmless transfer of power,” Thomas wrote said. 

”The Constitution carefully imposes structural constraints on all three branches, and the exercise of power free of those accompanying restraints subverts the design of the Constitution’s ratifiers.’ In particular, the Founders envisioned that ‘the courts [would] check the Executive by applying the correct interpretation of the law.,” he continued.

‘Chevron was thus a fundamental disruption of our separation of powers. It improperly strips courts of judicial power by simultaneously increasing the power of executive agencies. By overruling Chevron, we restore this aspect of our separation of powers,’ he said. 

Justice Neil Gorsuch also penned a separate concurrence saying, ‘Today, the Court places a tombstone on Chevron no one can miss. In doing so, the Court returns judges to interpretive rules that have guided federal courts since the Nation’s founding.’ 

The set of cases was seen as a David versus Goliath matchup between East Coast fishermen and the power of the federal government. 

The fishermen argued that the mandated cost of at-sea monitors cuts into 20% of their business.

Jerry Leeman, CEO of the New England Fishermen’s Stewardship Association (NEFSA) praised the Friday decision saying, ‘Federal officials usually ignore the well-grounded concerns American fishermen share about overregulation.’

‘We are grateful to the Supreme Court for bucking this trend. And we are especially grateful to the fishermen-plaintiffs in Relentless and Loper Bright who have spent years fighting for their brother and sister fishermen everywhere.’ 

Former U.S. Solicitor General Paul Clement, who argued on behalf of the fishermen, said the court’s decision ‘puts to rest an interpretive methodology that has seriously distorted how the political branches operate for far too long. Courts should ask what the law means, not whether it is ambiguous, and in close cases, the tie should go to the citizen, not the government.’

‘We are gratified that the Court restored the constitutionally mandated separation of powers,’ he said.

Justice Elena Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, dissented from the majority, saying that the Chevron rule ‘ has formed the backdrop against which Congress, courts, and agencies—as well as regulated parties and the public—all have operated for decades. It has been applied in thousands of judicial decisions.’

‘It has become part of the warp and woof of modern government, supporting regulatory efforts of all kinds—to name a few, keeping air and water clean, food and drugs safe, and financial markets honest,’ Kagan said. 

‘Judges are not experts in the field, and are not part of either political branch of the Government,’ Kagan wrote, citing the Chevron case decided some 40 years ago.

‘Those were the days, when we knew what we are not. When we knew that as between courts and agencies, Congress would usually think agencies the better choice to resolve the ambiguities and fill the gaps in regulatory statutes,’ she said.

‘Because agencies are ‘experts in the field.’ And because they are part of a political branch, with a claim to making interstitial policy. And because Congress has charged them, not us, with administering the statutes containing the open questions,’ she continued. 

‘At its core, Chevron is about respecting that allocation of responsibility—the conferral of primary authority over regulatory matters to agencies, not courts,’ she said. 

This post appeared first on FOX NEWS
You Might Also Like
  • Trial underway for Kansas man who threatened congressman, claimed to be ‘Messiah’
  • Justice Department special counsel has been convening second grand jury in Trump probe, sources say
  • Which social media platforms have banned Trump and why? An overview
  • White House briefing fueled with emotion as KJP says Biden not being treated for Parkinson’s
Share
0
FacebookTwitterPinterestWhatsapp

previous post
WATCH: Fox News Digital focus group voters raise concerns about Biden following debate with Trump
next post
Walgreens plans store closures as CEO says consumers ‘stunned’ by prices

You may also like

JD Vance slams NY v. Trump trial as Dem effort...

May 13, 2024

Tesla Stock Jumps 22% After Q3 Earnings

October 28, 2024

Chilean voters reject conservative-written constitution; will continue to run on...

December 18, 2023

Taxation in the Data Economy: The ‘Invisible’ Competition

January 9, 2023

America First Legal sues FEC to force action on Hunter...

March 3, 2024

Uncharted territory: Biden’s campaign war chest may be hard to...

July 21, 2024

Dem champions possible Israel-Hamas hostage deal ahead of Thanksgiving, but...

November 20, 2023

Senior House Dem calls on Biden to step aside, slams...

July 8, 2024

Gold and Silver: New Weekly Lows and Potential Targets

October 9, 2024

SD lawmakers fail to override Gov. Noem’s cryptocurrency regulation veto

March 28, 2023

    Stay updated with the latest news, exclusive offers, and special promotions. Sign up now and be the first to know! As a member, you'll receive curated content, insider tips, and invitations to exclusive events. Don't miss out on being part of something special.


    By opting in you agree to receive emails from us and our affiliates. Your information is secure and your privacy is protected.

    Recent Posts

    • Krispy Kreme stock plunges after doughnut chain pauses McDonald’s rollout, pulls outlook

      May 8, 2025
    • Don’t Buy Robinhood Stock… Until You See This Chart Setup

      May 8, 2025
    • UnitedHealthcare sued by shareholders over reaction to CEO’s killing

      May 8, 2025
    • The Unpredictable Stock Market: How to Make Sense of It

      May 8, 2025
    • AMD CEO calls China a ‘large opportunity’ and warns against strict U.S. chip controls

      May 7, 2025

    Popular Posts

    • 1

      Trump-era China sanctions ended by Biden may be...

      June 27, 2024 2,632 views
    • 2

      Walz’s honeymoon with China gets fresh scrutiny as...

      August 9, 2024 2,339 views
    • 3

      Biden appointee played key role in recruiting Chinese...

      June 25, 2024 2,320 views
    • 4

      Shein’s global ambitions leaves some cybersecurity experts fearful...

      July 10, 2024 2,303 views
    • 5

      Harris VP pick spent years promoting research facility...

      August 29, 2024 2,186 views

    Categories

    • Economy (7,009)
    • Editor's Pick (2,066)
    • Investing (538)
    • Stock (2,530)

    Popular Posts

    • 1

      Trump-era China sanctions ended by Biden may be revived under new House GOP bill

      June 27, 2024
    • 2

      Walz’s honeymoon with China gets fresh scrutiny as Harris camp blasts ‘lying’ critics

      August 9, 2024
    • 3

      Biden appointee played key role in recruiting Chinese businesses to Delaware: ‘Longtime friends’

      June 25, 2024
    • 4

      Shein’s global ambitions leaves some cybersecurity experts fearful of Chinese spy threats

      July 10, 2024
    • 5

      Harris VP pick spent years promoting research facility that collaborated with ‘Chinese military company’

      August 29, 2024

    Latest News

    • Krispy Kreme stock plunges after doughnut chain pauses McDonald’s rollout,...

      May 8, 2025
    • Don’t Buy Robinhood Stock… Until You See This Chart Setup

      May 8, 2025
    • UnitedHealthcare sued by shareholders over reaction to CEO’s killing

      May 8, 2025

    Categories

    • Economy (7,009)
    • Editor's Pick (2,066)
    • Investing (538)
    • Stock (2,530)

    Disclaimer: RoundTableThoughts.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

    Copyright © 2024 RoundTableThoughts.com. All Rights Reserved.

    Round Table Thoughts
    • Investing
    • Stock
    Round Table Thoughts
    • Economy
    • Editor’s Pick

    Read alsox

    Trump insists he will ‘handle’ DeSantis...

    January 17, 2023

    ‘Corrupt criminal’: Maxine Waters receives backlash...

    May 31, 2024

    Senate GOP rallies behind McCarthy’s impeachment...

    September 14, 2023
    Sign In

    Keep me signed in until I sign out

    Forgot your password?

    Password Recovery

    A new password will be emailed to you.

    Have received a new password? Login here