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The U.S. Supreme Court Gases Chevron

First few Article Sentences

“We cannot change anything until we accept it. Condemnation does not liberate, it oppresses.” Carl Gustav Jung

An Unwitting Cult of Personality

The spotlight shining on One First Street, NE, in Washington, D.C. only brightens as the U.S. Supreme Court continues to adjudicate morality while expanding the influence of the Constitution’s Article III. Notwithstanding the growing personal attacks on integrity, each of the nine justices generally remains consistent in comparison to their historical Constitutional interpretation, and in most instances the Justices of the Supreme Court are still the steady beacon of light upon whom the nation relies during times of moral crisis.

Under Chief Justice John Roberts the Supreme Court also remains consistent in its approach to the doctrine known as stare decisis, which the majority opinion notes in Loper Bright Enterprises v. Raimondo “is not an ‘inexorable command.’” As a result, on June 28, 2024, the Loper Bright Enterprises decision overruled the 40-year precedent affording administrative agencies considerable deference when interpreting statutes administered by such agencies, established by the decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Drawing heavily upon historical cases and commentary, including publications from the Framers of the Constitution, in Loper Bright Enterprises the Supreme Court definitively held that interpreting the meaning of statutes, when necessary, “was exclusively a judicial function.”


Garner, Craig B.

 

Garner Health Law Corporation

Op Ed

July 9, 2024

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