The U.S. Supreme Court has made us all a little freer by limiting the power of the executive branch and curbing administrative overreach by a vast number of government agencies that affect the lives of millions of Americans.
At Landmark decision In Loper Bright v. Raimondo, the Court overturned the 1984 decision. Chevron v. Natural Resources Defense CouncilThe decision established a principle known as “Chevron deference,” which requires courts to defer to federal agencies' interpretations of ambiguities in federal law.
The flawed theory behind Chevron deference was that government agencies, with their multidisciplinary experts, were better equipped than judges to interpret and enforce complex regulations. But over time, unelected and unaccountable bureaucrats gained more power, as exemplified by the Roper-Bright case that brought Chevron down. (Related: Carol Pratt Liebau and Frank Rich: Will Companies Be Forced to Prioritize Social Engineering Over Profits?)
Fishing is a difficult, low-margin business. Though federal fisheries law does not prescribe anything, agency bureaucrats have taken it upon themselves to charge small fishing companies the costs of regulatory oversight of their vessels. These costs, “estimated to be up to $710 per day, reduce vessel owners' annual revenues by up to 20 percent,” Chief Justice John Roberts wrote in his ruling.
It is noteworthy that such regulations have been implemented with increasing regularity in recent years. The administrative state, comprised of “alphabet” agencies such as the Environmental Protection Agency (EPA), Food and Drug Administration (FDA), and Securities and Exchange Commission (SEC), has concentrated great power. Although these agencies were initially established to develop and enforce regulations in highly specialized areas, they now function as a de facto fourth branch of government.
In effect, these agencies combine the functions of the three constitutional branches. They have the power to make regulations (like the legislative branch), to enforce them (like the executive branch), and to interpret them (like the judicial branch). But unlike officials in the other constitutional branches of government, these officials are not subject to democratic processes. They are not elected and are not accountable.
That is why, now, Loper BrightRegulators would no longer be protected from meaningful judicial review. Justice Clarence Thomas wrote in his concurring opinion: “Deference to Chevron compromises the separation of powers in two ways: it limits the judicial power vested in the courts while simultaneously expanding the agency's executive power beyond its constitutional limits.”
By dismantling Chevron's deference, the Supreme Court emphasized the importance of maintaining a clear separation of powers: elected legislators make the laws, the executive executes them, and an independent judiciary interprets them. This framework ensures that government continues to belong to, be run by, and function for the people, rather than being dominated by an unregulated and unaccountable bureaucracy. (RELATED: Frank Rich: Biden Administration's 'misinformation' crackdown faces judgement day at Supreme Court)
“The Constitution created three branches of government and balanced power between them because the Founding Fathers understood that the unification of government powers was one of the primary threats to liberty,” said J. Mark Weetz, legal counsel for Advancing American Liberty. The Yankee Institute is proud to have signed onto this bill as an interested party. Amicus AAF filed an argument brief with the court.
The concept of separation of powers is one of the American endeavor's greatest contributions. Other countries, such as China and Russia, grant rights to their citizens in their founding documents, but tight central control by bureaucrats makes the words hollow.
As bureaucracies expand, they tend to prioritize their own profits and expansion over their original purposes, and as a result become alienated from the will and needs of the people they are meant to serve. Roper Bright marks the beginning of a much-needed recognition of the administrative state.
Carol Pratt Liebau president Yankee Lab.
Frank Rich is a fellow at the Yankee Institute. He was lead plaintiff in the landmark Supreme Court case. Ricci vs DeStefano and the author of the book Command Presence.
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