• Privacy Policy
  • About Us
  • Contact Us
Climate Change Dispatch
  • Home
  • Videos
  • Who We Are
  • Facts Vs. Fearmongering
    • Real science vs Junk Science
      • 1100-plus Peer-Reviewed Studies
      • 97% – Myth of the Climate Change Consensus
      • Michael Crichton: Aliens Cause Global Warming
      • Climate change and its causes
      • Climate Science Primer
      • CO2 is not pollution
      • Deceptive Surface Temperature Records
      • Editorial: Great Global Warming Hoax
      • Rules for Climate Radicals: Part 1
      • Rules for Climate Radicals: Part 2
      • Rules for Climate Radicals: Part 3
      • Why CO2 Is A Minor Player In Global Climate
      • Why Politicized Science Is So Dangerous
    • Facts Not Fear
      • A Simple Question For Climate Alarmists
      • Climate Change – The Facts
      • Climate Change Fears Are Empirically Baseless
      • Global Warming 101
      • Global Warming Q&A
      • Understanding The Medieval Warm Period
      • Ocean Cycles and Climate
      • Overview of Plate Climatology Theory
      • Precautionary Principle
      • Should We Celebrate Carbon Dioxide?
      • The Skeptics Handbook
      • Weather Versus Climate
      • Why I’m a GW skeptic
      • Winning the climate debate with facts
      • Why Aliens Cause Global Warming
    • Greenhouse FAQs
      • CO2, Plants, & Industry
      • How much have temps changed?
      • How much have temps changed?
      • How much have temps changed?
      • Is global warming real?
      • Measuring temperature
      • Swimming in CO2?
      • Scientists urge caution?
      • Today’s warming trend
      • Variations in temperature
    • Gore’s Greatest Goofs
      • Deconstructing the Truth
      • Fact-Checking Al Gore’s Latest Predictions
      • How Gore Created The Global Warming Hoax
    • Inside Real Climate
      • Closer look at the 97% Consensus
      • GW’s Amazing Story
      • IPCC gets failing grade
      • Real Climate Exposed!
      • Truth about Real Climate
      • We’ve Been Conned
      • What is there a 97% consensus about?
    • Behind the IPCC
      • 1,000 Scientists Dissent
      • Climategate: Caught Green-Handed!
      • Climategate Inquiries
      • Climategate Inquiries 2
      • NIPCC Report Now Available
      • Understanding the Climategate Inquiries
  • Submissions
  • Contact Us
No Result
View All Result
  • Home
  • Videos
  • Who We Are
  • Facts Vs. Fearmongering
    • Real science vs Junk Science
      • 1100-plus Peer-Reviewed Studies
      • 97% – Myth of the Climate Change Consensus
      • Michael Crichton: Aliens Cause Global Warming
      • Climate change and its causes
      • Climate Science Primer
      • CO2 is not pollution
      • Deceptive Surface Temperature Records
      • Editorial: Great Global Warming Hoax
      • Rules for Climate Radicals: Part 1
      • Rules for Climate Radicals: Part 2
      • Rules for Climate Radicals: Part 3
      • Why CO2 Is A Minor Player In Global Climate
      • Why Politicized Science Is So Dangerous
    • Facts Not Fear
      • A Simple Question For Climate Alarmists
      • Climate Change – The Facts
      • Climate Change Fears Are Empirically Baseless
      • Global Warming 101
      • Global Warming Q&A
      • Understanding The Medieval Warm Period
      • Ocean Cycles and Climate
      • Overview of Plate Climatology Theory
      • Precautionary Principle
      • Should We Celebrate Carbon Dioxide?
      • The Skeptics Handbook
      • Weather Versus Climate
      • Why I’m a GW skeptic
      • Winning the climate debate with facts
      • Why Aliens Cause Global Warming
    • Greenhouse FAQs
      • CO2, Plants, & Industry
      • How much have temps changed?
      • How much have temps changed?
      • How much have temps changed?
      • Is global warming real?
      • Measuring temperature
      • Swimming in CO2?
      • Scientists urge caution?
      • Today’s warming trend
      • Variations in temperature
    • Gore’s Greatest Goofs
      • Deconstructing the Truth
      • Fact-Checking Al Gore’s Latest Predictions
      • How Gore Created The Global Warming Hoax
    • Inside Real Climate
      • Closer look at the 97% Consensus
      • GW’s Amazing Story
      • IPCC gets failing grade
      • Real Climate Exposed!
      • Truth about Real Climate
      • We’ve Been Conned
      • What is there a 97% consensus about?
    • Behind the IPCC
      • 1,000 Scientists Dissent
      • Climategate: Caught Green-Handed!
      • Climategate Inquiries
      • Climategate Inquiries 2
      • NIPCC Report Now Available
      • Understanding the Climategate Inquiries
  • Submissions
  • Contact Us
No Result
View All Result
Climate Change Dispatch
No Result
View All Result

Supreme Court Deep-Sixes The Deep State, Axes Chevron Deference

by WSJ Editorial Board
July 01, 2024, 8:51 AM
in Lawfare, News and Opinion
Reading Time: 3 mins read
A A
1

supreme court inside

Friday was a good day, make that a great day, for liberty and the Constitution at the Supreme Court. [emphasis, links added]

The Justices delivered an overdue rebuke to overreaching regulators in a ruling that abolishes Chevron deference, while they also reined in prosecutors who stretched the law in pursuit of Jan. 6 cases.

In arguably the most significant decision of the year, a 6-3 majority (Loper Bright Enterprises v. Raimondo) overturned the Court’s 40-year-old Chevron doctrine that told judges to defer to agency interpretations of vague laws as long as they are “reasonable.”

Now regulators will have a harder time bending laws, and Congress will have to legislate more clearly. Imagine that.

Chevron arose when judges were willy-nilly legislating from the bench, but its flaws were “apparent from the start,” as Chief Justice John Roberts explains for the majority.

The doctrine lacked a constitutional basis and clashed with the Administrative Procedure Act’s command that courts “decide all relevant questions of law, interpret constitutional and statutory provisions.”

From the start, he says, Chevron was “a ‘rule in search of a justification,’ if it was ever coherent enough to be called a rule at all.”

The doctrine spawned confusion and conflict in lower courts, including whether a given law was ambiguous in the first place.

As Justice Antonin Scalia put it five years after Chevron was decided: “How clear is clear?”

The Chief says deference to regulators became “an impediment, rather than an aid, to accomplishing the basic judicial task.”

The High Court hasn’t invoked Chevron since 2016, relying instead on basic statutory interpretive tools and its major questions doctrine, such as in West Virginia v. EPA.

“At this point, all that remains of Chevron is a decaying husk with bold pretensions,” the Chief writes.

The problem is that lower courts still rely on Chevron and cite it repeatedly to rubber stamp even the most dubious rules. See the D.C. Circuit Court of Appeals.

The Court’s considerations about when to revere precedents also support its decision. Not only has Chevron proven unworkable, it “has undermined the very ‘rule of law’; values that stare decisis exists to secure,” the Chief stresses.

As Justice Neil Gorsuch notes in a powerful concurrence, “these anti-reliance harms” aren’t “distributed equally.”

While “sophisticated entities and their lawyers may be able to keep pace with rule changes affecting their rights and responsibilities,” others may not.

Chevron “has led us to a strange place. One where authorities long thought reserved for Article III are transferred to Article II, where the scales of justice are tilted systematically in favor of the most powerful, where legal demands can change with every election even though the laws do not, and where the people are left to guess about their legal rights and responsibilities.”

Lacking a strong legal rebuttal, the three liberal Justices fret about “judicial hubris” and the Court turning “itself into the country’s administrative czar.”

“The majority disdains restraint, and grasps for power,” Justice Elena Kagan writes in dissent. “Judges are not experts in the field.”

But the progressive impulse to defer to the rule of experts is one reason Americans are so frustrated with the government.

Some judges may run off the rails, but then some do that now. The crucial constitutional point is that each branch of government stays in its proper lane.

Chevron’s defenestration will require judges to determine the best reading of statutes.

Top image by Phil Roeder, via Wikimedia Commons, cropped

Read rest at MSN

  • Truth
  • Twitter
  • Facebook
  • LinkedIn
  • Gettr
  • Threads
  • gab-logo Gab
  • Mastodon
  • Buffer
  • Telegram
  • Email
  • Copy Link
  • Share Using More Networks…

Popular Posts

Electric Vehicles (EVs)

The ‘Green’ Scam Of The Century: How ‘Renewables’ Increase Fossil Fuel Demands

Oct 23, 2024
News and Opinion

Antarctica Is Colder, Icier Today Than At Any Time In 5,000 Years

Apr 15, 2024
Energy

30-Plus Signs That The Climate Scam Is Collapsing

Apr 09, 2025

Comments 1

  1. Steve Bunten says:
    1 year ago

    Now that Chevron has been overturned let’s hope that some of the egregious rules pushed by EPA and other Three Letter Acronym agencies that were allowed to go through due to Chevron will be overturned on suits. Perhaps the one that even a previous SCOTUS had let go through–that the EPA can regulate CO2 via the Clean Air Act.

    Reply

Comments are welcome! Those that add no discussion value may be removed.Cancel reply

Stay Connected On Social Media

gab-logo

Donate Today

Beating back the alarmist narrative takes time and money. Please donate today to help!

Recent Posts

  • 1930S Dust BowlBloomberg’s Climate Alarm Misfires: U.S. Heat Records Show 1930s Still Hottest
    Oct 10, 2025
    New data challenges Bloomberg’s heat claims, showing U.S. temp records peaked in the 1930s, not the modern era, despite climate alarmist narratives. […]
  • Rinderknecht facebook postSuspected Pacific Palisades Firebug Ranted Online About Trump, Climate Change
    Oct 10, 2025
    The alleged firebug behind the Pacific Palisades fire ranted online about climate change, Trump, Antarctic ice, and plant-based diets. […]
  • Solar panel farmBLM Cancels Mammoth Nevada Solar Project Under Trump’s Energy Agenda
    Oct 10, 2025
    BLM pulled the plug on a massive Nevada solar power project amid the Trump administration’s crackdown on renewable energy projects. […]
  • North Sea Wind FarmScientists Warn EU’s Net Zero Push Fueling Green Colonialism In Poor Countries
    Oct 10, 2025
    Scientists warn the green energy push risks exploiting developing nations, draining resources, and worsening global inequality under climate action. […]
  • Leonardo DiCaprio and his megayacht‘Green Antoinettes’ Preach Sacrifice While Jetting Off In Luxury
    Oct 10, 2025
    From Leo DiCaprio to AOC, celebs and politicians moralize about climate austerity while jetting off in luxury, fueling public backlash. […]
  • city underwaterYahoo News Pushes False Claim Cape Coral Will Vanish Under Rising Seas
    Oct 9, 2025
    Yahoo News amplified a false claim that Cape Coral will vanish under rising seas, ignoring NOAA tide data showing only a modest, steady sea level trend. […]
  • Santa Ynez Reservoir and hydrantLAFD After-Action Report Omits Empty Reservoir’s Role In Palisades Fire
    Oct 9, 2025
    LAFD’s Palisades Fire report cites firefighting issues but leaves out how the empty Santa Ynez Reservoir worsened the disaster. […]
  • Palisades FireDemocrats, Media Falsely Blamed Deadly California Fire On Climate Change—It Was Arson
    Oct 9, 2025
    The Feds say a man intentionally set the Palisades Fire, undermining claims from Democrats and media that climate change and oil companies were to blame. […]
  • Pope ice blessingPope Leo’s Arctic Ice Blessing Eroding Church’s Spiritual Mandate
    Oct 8, 2025
    Pope Leo’s Arctic ice blessing exposed how diving into climate politics erodes the Church’s spiritual authority and aligns it with radical agendas. […]
  • Offshore oil rigFederal Judge Rules Biden’s Massive Offshore Oil And Gas Ban Was Illegal
    Oct 8, 2025
    A federal judge ruled Biden overstepped his authority when he blocked offshore oil and gas drilling across 625 million acres, overturning his permanent ban. […]

Get Instant Email Notifications

Subscribe to receive a digest of daily stories, or get emailed once they're published. Check your Junk/Spam folder for a verification email.

Submit a tip

Please enter your email, so we know you're human.

Books You May Like

exposing great lie

Have a suggestion? Let us know! We swap out books based on your input. We participate in the Amazon Services LLC Associates Program. See here.

  • About
  • Privacy Policy
  • Contact Us

© Portions copyright Climate Change Dispatch

No Result
View All Result
  • Home
  • Videos
  • Who We Are
  • Facts Vs. Fearmongering
    • Real science vs Junk Science
      • 1100-plus Peer-Reviewed Studies
      • 97% – Myth of the Climate Change Consensus
      • Michael Crichton: Aliens Cause Global Warming
      • Climate change and its causes
      • Climate Science Primer
      • CO2 is not pollution
      • Deceptive Surface Temperature Records
      • Editorial: Great Global Warming Hoax
      • Rules for Climate Radicals: Part 1
      • Rules for Climate Radicals: Part 2
      • Rules for Climate Radicals: Part 3
      • Why CO2 Is A Minor Player In Global Climate
      • Why Politicized Science Is So Dangerous
    • Facts Not Fear
      • A Simple Question For Climate Alarmists
      • Climate Change – The Facts
      • Climate Change Fears Are Empirically Baseless
      • Global Warming 101
      • Global Warming Q&A
      • Understanding The Medieval Warm Period
      • Ocean Cycles and Climate
      • Overview of Plate Climatology Theory
      • Precautionary Principle
      • Should We Celebrate Carbon Dioxide?
      • The Skeptics Handbook
      • Weather Versus Climate
      • Why I’m a GW skeptic
      • Winning the climate debate with facts
      • Why Aliens Cause Global Warming
    • Greenhouse FAQs
      • CO2, Plants, & Industry
      • How much have temps changed?
      • How much have temps changed?
      • How much have temps changed?
      • Is global warming real?
      • Measuring temperature
      • Swimming in CO2?
      • Scientists urge caution?
      • Today’s warming trend
      • Variations in temperature
    • Gore’s Greatest Goofs
      • Deconstructing the Truth
      • Fact-Checking Al Gore’s Latest Predictions
      • How Gore Created The Global Warming Hoax
    • Inside Real Climate
      • Closer look at the 97% Consensus
      • GW’s Amazing Story
      • IPCC gets failing grade
      • Real Climate Exposed!
      • Truth about Real Climate
      • We’ve Been Conned
      • What is there a 97% consensus about?
    • Behind the IPCC
      • 1,000 Scientists Dissent
      • Climategate: Caught Green-Handed!
      • Climategate Inquiries
      • Climategate Inquiries 2
      • NIPCC Report Now Available
      • Understanding the Climategate Inquiries
  • Submissions
  • Contact Us

© 2025 Climate Change Dispatch

Share via
  • Facebook
  • Like
  • Twitter
  • Pinterest
  • LinkedIn
  • Digg
  • Tumblr
  • VKontakte
  • Print
  • Email
  • Reddit
  • Buffer
  • Love This
  • Weibo
  • Pocket
  • Xing
  • Odnoklassniki
  • WhatsApp
  • Meneame
  • Blogger
  • Amazon
  • Yahoo Mail
  • Gmail
  • AOL
  • Newsvine
  • HackerNews
  • Evernote
  • MySpace
  • Mail.ru
  • Viadeo
  • Line
  • Flipboard
  • Comments
  • SMS
  • Viber
  • Telegram
  • Subscribe
  • Facebook Messenger
  • Kakao
  • LiveJournal
  • Yammer
  • Edgar
  • Fintel
  • Mix
  • Instapaper
  • Copy Link
  • Truth
  • gab-logo Gab
  • Gettr
  • Baidu
  • Mastodon
  • Threads
  • Bluesky
Share via
  • Digg
  • Tumblr
  • VKontakte
  • Print
  • Email
  • Reddit
  • Buffer
  • Love This
  • Weibo
  • Pocket
  • Xing
  • Odnoklassniki
  • WhatsApp
  • Meneame
  • Blogger
  • Amazon
  • Yahoo Mail
  • Gmail
  • AOL
  • Newsvine
  • HackerNews
  • Evernote
  • MySpace
  • Mail.ru
  • Viadeo
  • Line
  • Flipboard
  • Comments
  • SMS
  • Viber
  • Telegram
  • Subscribe
  • Facebook Messenger
  • Kakao
  • LiveJournal
  • Yammer
  • Edgar
  • Fintel
  • Mix
  • Instapaper
  • Copy Link
  • Truth
  • gab-logo Gab
  • Gettr
  • Baidu
  • Mastodon
  • Threads
  • Bluesky