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Justice KBJ’s Hyperbolic Dissent Claims Court’s Latest Ruling ‘Wreaks Havoc’ On Govt Agencies

by Spencer Brown
July 01, 2024, 3:01 PM
in Lawfare, News and Opinion
Reading Time: 3 mins read
A A
4

Ketanji Brown Jackson

The Supreme Court delivered another hit to the power of largely unaccountable federal bureaucrats on Monday morning with its opinion in Corner Post, Inc. v. Board of Governors of the Federal Reserve System — just the latest in a string of opinions curtailing the powers of federal agencies under the Administrative Procedures Act (APA). [emphasis, links added]

These wins for small government and freedom, however, are significant losses to the power-tripping Democrats that seek to centralize as much power as possible among as few people as possible.

With her dissenting opinion in Corner Post, Justice Ketanji Brown Jackson makes it clear how panicked leftists are about the Court’s rightful interpretation of the Constitution that essentially only requires lawmakers to, well, make laws — to ensure the government remains representative of the people from whom it derives power — instead of unelected bureaucrats.

Joined by Justices Elena Kagan and Sonia Sotomayor, Justice Jackson laments that the Supreme Court’s majority has thrown “caution to the wind” and engaged in “misguided reasoning” in the case that, along with the ruling’s “far-reaching results” is “staggering.”

BREAKING: The Supreme Court delivers yet another blow to the power of the administrative state, ruling 6-3 that the six year window to sue federal agencies begins when the plaintiff experiences damages due to their actions pic.twitter.com/uyZLxP6CX5

— Greg Price (@greg_price11) July 1, 2024

Calling the majority’s conclusion in Corner Post “baseless,” Jackson wrings her hands while claiming “there is effectively no longer any limitations period for lawsuits that challenge agency regulations on their face” and says the ruling “is profoundly destabilizing for both Government and businesses.”

Tilting well over into hyperbole, Jackson writes that with Monday’s opinion, “the Court wreaks havoc on Government agencies, businesses, and society at large.“

In Jackson’s view, once a federal regulation has been instituted, it should be impossible for a new entrant to the realm in which the regulation is in effect to “complain” or “claim injury” because it “willingly entered.” Ludicrous.

Jackson claims that “[i]n one fell swoop, the Court has effectively eliminated any limitations period for APA lawsuits” and “decided that the clock starts for limitations purposes whenever a new regulated entity is created” — meaning “that, from this day forward, administrative agencies can be sued in perpetuity over every final decision they make.”

Complaining about “other significant changes that this Court has wrought this Term with respect to the longstanding rules governing review of agency actions,” Jackson fears that “well-established agency rules will be upended in ways that were previously unimaginable” because “[d]octrines that were once settled are now unsettled, and claims that lacked merit a year ago are suddenly up for grabs.”

“At the end of a momentous Term, this much is clear: The tsunami of lawsuits against agencies that the Court’s holdings in this case and Loper Bright have authorized has the potential to devastate the functioning of the Federal Government,” Jackson outright panics in her dissent.

Despite her sky-is-falling opinion, there shouldn’t be any reason for harmful regulations to reach a time at which they’re considered simply untouchable.

If a regulation is legally sound, there’s nothing to worry about. Only if there’s fear that bureaucratic regulations are unlawful would someone be this apoplectic about the ruling in Corner Post.

Top image (cropped) by Lloyd DeGrane via Wikimedia Commons

Read rest at Townhall

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Comments 4

  1. David Lewis says:
    1 year ago

    If it had been applied honestly the Chevron ruling could have been a good thing. The intent was to fill in the details that are lacking in legislation that is passed. Had it been used this way, it would not have been challenged in court, but leave it to liberals to mess things up. They used the Chevron ruling to invoke mandates that could not and should not make it through congress. Ending the production of gasoline cars and forcing carbon capture are two examples. Liberals make talk about the needed for expert interpretation, but the real reason they are so up set is a means to implement their extremes agendas has been removed.

    Reply
  2. Ken Irwin says:
    1 year ago

    If it stops federal agencies from “passing laws” altogether then surely that is a good thing.
    Federal agency overreach has been a serious, ongoing and worsening problem as bureaucrat’s untrammeled legislation by fiat became the new normal.
    Surely the additional burden this will foist on Congress will apply the brakes there as well.

    Reply
  3. Spurwing Plover says:
    1 year ago

    What’s got this old bat whining for anyway? Government Agencies already seem to think they need absolute Control of our lives

    Reply
  4. Steve Bunten says:
    1 year ago

    I hope KBJ is correct that there will be a tsunami of lawsuits against illegal actions by various government agencies because of this ruling and Friday’s ruling overturning Chevron. The federal government must be reigned in before we lose more freedoms.

    Reply

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