Axios whines: Won't someone think of the federal regulators?!!
Exactly 30 years ago, a Warren G hip-hop classic opened with the line "Regulators, mount up!" But now the Supreme Court is giving very different signals.
Why it matters: A 6-3 ruling Monday from the court's conservative majority brings even more jeopardy for expansive executive rules.
Oh no -- say it's not so. Don't tell me that the Court is going to force the Executive (and Congress, for that matter) to follow the biggest black-letter rule of the Constitution and demand that Congress, not unelected Deep State bureaucrats, make the laws. Or, as we've been deceptively calling them for 40 years, "the rules that fill in the teeny-tiny details of the laws."
Like deciding that the law says that bump stocks are illegal. Congress just forgot to mention that!
Whoops!
Whoopsie!
It's the latest of several decisions that together sap bureaucratic powers in areas where Congress hasn't given detailed marching orders.
Driving the news: The latest ruling holds that the six-year clock to bring Administrative Procedure Act claims doesn't start until a plaintiff is injured by an agency action, instead of when it's first finalized.
Oh no! Citizens will have more time to challenge obviously-unconstitutional Executive-made laws!
We undid the statute of limitations just so E. Jean Carroll could bring her outrageously absurd "rape" charges against Trump, but we draw the line at allowing citizens disadvantaged by an illegal Executive-made law to challenge it!
...
Catch up quick: Right before Chevron, SCOTUS stayed a recent EPA air pollution rule while challenges play out -- a move that some analysts say could spell trouble for other new agency policies.
And in 2022, the court's conservatives, in a case about power plant emissions, curtailed executive running room on "major questions" absent explicit Capitol Hill blessing.
The big picture: Conservatives, often backed by business groups, see today's court as a needed corrective, reigning in agencies using power in ways Congress never articulated.
But liberal justices and green groups, among others, say the court is preventing agencies and their technical experts from acting on emerging and evolving risks.
It seems like they both agree on what's going on -- liberal bureaucrats are writing stuff into the law that Congress never wrote itself, and liberals are pissed off that their illegal Fourth Branch of Government powers are being taken away.
So this is a game that's been going on decades. Former coblogger Senator Jack, who worked as a staffer to GOPers in Congress, complained of it constantly.
The left can't get the right to agree to their expansive regulatory laws. So what they do is just pass something in the area they want to regulate, and write in the bill's "intent" -- a non-binding statement with no effect -- that they'd like the law to accomplish A, B, and C.
Now that the liberal Deep State regulators have a law about that general area of human endeavor, they treat it like a spare, thin Christmas tree and begin hanging their ornaments of overreaching regulation all over it. Deep State lefties, and their conspirators in Congress, don't view the law as the law; they view the law as a mere scaffolding upon which they will erect the real law, the bureaucrat-made law.
The law is just a shell into which bureaucrats pour all their hopes and dreams, and plans and schemes.
And they're angry that this blatantly-unconstitutional practice is being reigned in. Not ended, mind you -- just reigned in.
I have more sad news for you: the beneficiaries of Biden's completely illegal loan forgiveness diktat may be the first victims of the evil Supreme Court's demand that Congress make the laws.
The Supreme Court issued a landmark ruling on Friday gutting a longstanding precedent that had given deference to federal agencies. The consequences of this decision will be felt broadly by Americans for many years. But student loan borrowers may be among the first to experience the impacts.
Because Biden's Executive fiat is illegal, so yes.
Following two major lower court decisions earlier this week that blocked key elements of a Biden administration student loan forgiveness and repayment program, the Supreme Court already seemed poised to eventually take up student debt relief yet again. But the latest ruling by the nation's highest court makes it even more likely that Biden's student debt relief plans, and potentially other student loan forgiveness and repayment programs, are now in very serious danger.
I'll give you some space. I know you need time to grieve.