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“ A split in decisions among federal appeals courts has set the stage for possibly overturning the Chevron deference. In its ruling on the Cape May fishermen’s
by 39896880 2y ago
“ A split in decisions among federal appeals courts has set the stage for possibly overturning the Chevron deference.
In its ruling on the Cape May fishermen’s case, the First Circuit Court of Appeals in Washington, D.C., “decided that broad ‘necessary and appropriate’ language in the Magnuson-Stevens Act, which governs U.S. fisheries, augmented the agency’s regulatory power,” according to a narrative from the New Civil Liberties Alliance. “It then relied heavily on Chevron deference to uphold the agency’s ostensibly reasonable interpretation of a supposedly ambiguous federal statute.”
https://www.nationalfisherman.com/national-international/supreme-court-hears-fishermen-s-challenge-that-could-upend-agency-powers https://www.nationalfisherman.com/national-international/sup...
Here’s the necessary and proper clause:
https://constitution.congress.gov/browse/essay/artI-S8-C18-1/ALDE_00001242/#:~:text=To%20make%20all%20Laws%20which,any%20Department%20or%20Officer%20thereof https://constitution.congress.gov/browse/essay/artI-S8-C18-1....
It’s hard to square “well congress didn’t intend for them to have that power” when they quoted their own damn rules when they wrote the law.
But again, SCOTUS decided Congress doesn’t have that power.
- shrubble 2y agoWhen there is a split among Federal courts then the SCOTUS does often step in. The SCOTUS decision was that the interpretation of the First Circuit was wrong. FWIW it says "the Congress shall have power..." not unelected bureaucrats of any stripe. In the event the issue about "unbiased experts" is raised, remember that the case is about "who should pay" not that there should or should not be monitors on the boat.
- AnimalMuppet 2y agoA "split decision" is not the same as a "split among Federal courts". A split decision just means the appeals court (one Federal district) ruled 2-1 rather than 3-0. A split among Federal courts means that different districts ruled in different ways.
- shrubble 2y agoYes, that is correct; it's worded somewhat clumsily in the parent quote.