You Make a Difference! Our mission and operations are funded entirely by Patriots like you! Please support the 2024 Year-End Campaign now.

July 1, 2024

SCOTUS Rolls Back the Administrative State

The Court has ended the infamous Chevron Doctrine, returning power to Congress and the judiciary.

In America’s coequal three-branch governmental system, the primary job of the legislative branch is to make the laws. The executive branch’s job is to enforce those laws. And the judicial branch’s job is to rule on the constitutionality and application of those laws. That, in a nutshell, is the basic U.S. civics lesson any middle school student should be able to articulate.

However, when it comes to the federal government’s actual practice of maintaining these constitutionally delineated roles, that’s another story entirely, as evidenced by Washington’s massive bureaucracy.

Much of that bureaucratic state is thanks to the Supreme Court’s 1984 decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., a ruling that established what has become known as the Chevron Doctrine. In that decision, the Court effectively gave the executive branch — in this case, represented by the Environmental Protection Agency — the sweeping authority to make law under its directive to enforce the Clean Air Act.

Of course, this opened a can of worms, as it granted the executive branch, via its cadre of unelected bureaucrats, broad leeway to interpret the laws and create regulations to enforce them. In other words, the executive branch was no longer merely enforcing the laws; it was now creating them. It also gave Congress the freedom to abdicate responsibility. Laws could be crafted with vague language that would then allow members of Congress to dodge responsibility for how those laws were applied and enforced.

The crux of the issue with the Chevron Doctrine is tied to the question of interpretive authority. Does the legislative, judicial, or executive branch have the primary and ultimate authority in interpreting the laws that Congress creates? If Congress does not explicitly delineate its parameters in the laws it passes, do federal agencies then have the authority and freedom to interpret and expand those laws’ regulatory powers?

The constitutionally consistent answer should have been a clear “No.” However, that clarity was muddied thanks to Chevron. This lack of clarity resulted in an ever-expanding regulatory state.

Now, in a truly landmark decision in favor of limited government, a decision akin to the Court’s overturning of Roe v. Wade last year, the Court by a 6-3 decision in the case of Loper Bright Enterprises v. Raimondo has overturned Chevron.

Writing for the majority, Chief Justice John Roberts wrote: “Chevron is overruled. Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, as the APA requires. Careful attention to the judgment of the Executive Branch may help inform that inquiry. And when a particular statute delegates authority to an agency consistent with constitutional limits, courts must respect the delegation, while ensuring that the agency acts within it.” He added, “But courts need not and under the APA may not defer to an agency interpretation of the law simply because a statute is ambiguous.”

What Chevron allowed to proliferate was the tyranny of the “experts.” Courts were effectively hamstrung, and they were required to defer to Washington’s bureaucrats in decisions regarding challenges to regulations. Ambiguities within Congress’s laws became the playground for bureaucrats to run roughshod over Americans as they developed a continuously encroaching administrative state. Everything from gas cans to light bulbs to gas stoves has come under the heavy regulatory hand of these unelected bureaucrats.

Now, thanks to this ruling, the reining-in of the regulatory state can begin. As Justice Neil Gorsuch stated, “Today, the Court places a tombstone on Chevron no one can miss. In doing so, the Court returns judges to interpretive rules that have guided federal courts since the Nation’s founding.”

As for Congress, Utah Republican Senator Mike Lee pointedly observed, “With Chevron’s demise, it’s time for Congress to re-learn how to write real laws.” What a novel concept.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.