We still need your help to tell the Supreme Court what to do!
Loper Bright Enterprises v. Raimondo is a huge opportunity. Our amicus brief to the Supreme Court aims to overturn the existing precedent that was established in Chevron v. NRDC (1984).
That decision ruled that courts should DEFER to a bureaucratic agency’s interpretation of “ambiguous” statutes!
Indeed, the Chevron decision obliterated the idea of “checks and balances” deriving from the “separation of powers.”
How can the courts be a check and a balance against Executive Branch agencies by simply deferring to them?
The fact that the Supreme Court has invited a direct challenge to Chevron is huge. How huge? The New Deal changed our government into a technocracy that would grow to be involved in every aspect of our lives, all the way down to how much water our toilets flush.
As for the potential…
The Loper decision could be the biggest rollback in federal bureaucratic power since the New Deal began.
Even better, we could win. Please recall our recent reports (plural) showing that the courts, including the Supreme Court, have been moving in our direction on the issue of the “non-delegation of powers.”
The issue here is directly related to our “Write the Laws Act.” We need your help to extend and expand this progress!
We want the court to answer two questions…
- Can the Executive Branch bureaucracy legally impose its own interpretation of legislation?
- Must or should the courts defer to those interpretations?
We need your help to compel the Supreme Court to address these arguments…
- The bureaucracy does not possess legislative power.
- Congress cannot delegate its legislative power to Executive Branch agencies.
- There is no “democratic justification” for courts to defer to the opinions of unelected government employees.
- Deference to bureaucratic opinion means that there is no “equal protection of the law” whenever a citizen mounts a legal challenge against the bureaucracy, because the courts start out biased in favor of the bureaucrats, due to the Chevron ruling.
Please contribute to fund our brief…
If tax deductibility is crucial to you, please donate through our partner organization, Downsize DC Foundation at the Zero Aggression Project page.
Set your own agenda,
Jim Babka, President
Agenda Setters by Downsize DC
Today’s Action: Fund our legal brief in Loper Bright Enterprises v. Raimondo