The scrutiny of America’s High Court has reached new heights. Now the Judicial branch is under attack.
As the U.S. Senate just declared war on the U.S. Supreme Court with a crazy new bill.
Democrats are truly not fond of losing major court cases that result in major ground lost by their radical Leftist “movement” and their agenda. They knew as soon as Brett Kavanaugh was confirmed to the Supreme Court bench, their reliance on the High Court to be the thorn in the side of conservatives and to give the Leftists a rubber stamp of approval would be long gone. That’s why they fought his confirmation tooth and nail, launching one of the most insane character assassination attempts we’ve ever seen in Washington, D.C. politics. By the time Amy Coney Barrett came along, there was no longer a stomach for that Kavanaugh-type politicization of the High Court, so she had a much easier time being confirmed.
Since then, we’ve seen Roe v. Wade effectively overturned by the High Court with the Dobbs decision. The former President Donald Trump was given partial immunity for official acts in executing his job as the President of the United States. The Second Amendment has been bolstered by the striking down of New York permit laws that required citizens to have a “good” reason to request a concealed carry permit. The list goes on and on.
Most recently, the U.S. Supreme Court handed down a ruling in Loper Bright V. Raimondo that struck down the precedence of Chevron, which was for a long time used to create more and more bureaucratic red tape to make the lives of businesses harder to navigate regulations in various industries. Conservatives and free market libertarians praised the striking down of Chevron because it would mean less government interference in good business. Surveys say that while Americans aren’t super familiar with the ins and outs of Chevron, the reality is that they support the outcome of the ruling that meant fewer hoops for businesses to jump through.
Last month, the Supreme Court stripped power from federal agencies in a 6-3 decision. The ruling is expected to impact dozens of industries subject to federal regulation.
Venable LLP partner Fred Wagner discusses the overturning of Chevron: pic.twitter.com/WJUcKtsXGK
— Yahoo Finance (@YahooFinance) July 18, 2024
Democrats are furious, however. They believe the striking down of Chevron will give corporations a long leash to wreak havoc on the environment. They don’t like that this has reduced the control the federal government will have on various industries. In fact, now they are trying to bring the Chevron precedence back.
Senator Elizabeth Warren Introduces Bill to Reinstate Administrative Powers Post-Supreme Court Ruling
Democratic Senator Elizabeth Warren of Massachusetts, alongside several colleagues, unveiled new legislation on Tuesday aimed at restoring the powers of the administrative state. This move follows a significant Supreme Court decision in June that curtailed the authority of unelected bureaucrats.
The proposed bill, named the Stop Corporate Capture Act, was introduced by Warren, Democratic Senators Richard Blumenthal of Connecticut, Chris Van Hollen of Maryland, Edward Markey of Massachusetts, and Independent Senator Bernie Sanders of Vermont, who typically aligns with the Democrats. This legislation seeks to counteract the Supreme Court’s landmark ruling in Loper Bright Enterprises v. Raimondo, which ended the practice known as Chevron deference. Previously, Chevron deference allowed courts to defer to executive agencies’ interpretations of ambiguous statutory provisions related to regulatory actions.
Elizabeth Warren introduced a new bill on Tuesday. This bill is called The Corporate Capture Act and it is meant to overturn the Supreme Court decision in Chevron deference..
The party of democracy is single-handedly dismantling our entire system of government.
— Insurrection Barbie (@DefiyantlyFree) July 24, 2024
The Supreme Court’s June 28 decision to eliminate Chevron deference was met with mixed reactions. Environmental and progressive activists criticized the move, while free-market and conservative advocates applauded it as a necessary measure to limit bureaucratic overreach. Warren’s bill aims to reinstate Chevron deference by codifying it into law and introducing additional changes to the federal rule-making process. These changes include streamlining the public comment period and mandating that public commenters disclose any industry-funded research or potential conflicts of interest.
“Giant corporations are using far-right, unelected judges to hijack our government and undermine the will of Congress,” Warren stated in support of the bill. “The Stop Corporate Capture Act will bring transparency and efficiency to the federal rulemaking process and, most importantly, ensure that corporate interest groups cannot override the judgment of Congress and expert agencies.”
In the House of Representatives, Democratic Representative Pramila Jayapal of Washington has introduced a similar measure.
The Supreme Court’s ruling may impact key environmental policies of the Biden administration, such as the stringent tailpipe emissions standards for light – and medium – duty vehicles, which critics have labeled as an electric vehicle mandate. Several energy policy experts with experience in the Environmental Protection Agency (EPA) indicated to the Daily Caller News Foundation that these policies could face challenges in the wake of the decision.
The Impact of a Post-Chevron World
There are a number of huge benefits in a post-Chevron Deference world that Americans are overwhelmingly in favor of.
Agencies will be held more accountable for their interpretations of the law. Without Chevron deference, agencies might face increased scrutiny and pressure to justify their regulatory decisions more thoroughly, potentially leading to more transparent and well-reasoned policymaking.
Overturning Chevron will reinforce the separation of powers by limiting the extent to which the executive branch’s agencies can effectively create or alter laws through regulatory interpretations. This will enhance the role of Congress in lawmaking and ensure that significant policy decisions are made through elected representatives rather than unelected officials.
If regulations are clearer and more predictable, businesses may face lower compliance costs. Uncertainty often leads to higher costs as businesses may need to spend more on legal advice and compliance measures to navigate ambiguous or shifting regulations.
The Conservative Column will keep you updated on any major updates on this bill introduced by Senate Democrats.
