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SCOTUS - Chevron Doctrine


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Posted

I just read an article about SCOTUS overturning the  Chevron Doctrine and while this particular case had to do with fishing, it seems to me that it could, or maybe should have a very direct affect on the ability of the ATF to make up all their silly rules. I don’t see how this ruling can apply to some Federal agencies and not others.   What do y’all experts think?

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Posted

According to the article below, the SCOTUS ruling will impact all federal agencies. This issue is when Congress passes laws that are ambiguous.

Now, instead of the deferring to the executive branch, the federal judges will now have the first and final word about what statutes mean.

Therefore, Congress needs to pass laws with specificity when it wants to give an agency authority to regulate on an issue of major national significance.

 

https://apnews.com/article/supreme-court-chevron-regulations-environment-4ae73d5a79cabadff4da8f7e16669929

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Posted

For real if they cannot convict you of a crime you will have to sell everything to pay your legal bills

Posted

We saw them utilize this position in the Bump stock ruling, it was NOT a 2nd Amendment thing, it was set aside because ATF exceeded their authority under the Administrative Procedures Act.  (By the way you can count on the ATF and DOJ not appealing the brace rule out of the 5th Circuit either now).

It will make legislatures have to step up and be specific.  The People will have a chance to sue to get courts to recognize their rights instead of just dealing with unelected bureaucrats.

It will also affect TBI, DOS and the Governors spokespersons coming into committees in Nashville to "philosophically oppose" restorative 2nd Amendment bills.

  • Like 1
Posted

This is an epic decision, it effects every single alphabet agency there is. It is NOT retroactive, sadly. 
What it will do is create an imbalance between those that have been impacted by these wrongful determinations to take all of this to the Courts.
It will also create a huge market for judge shopping which sucks all around

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