Advancing American Freedom (AAF) today announced it filed an amicus brief before the United States Supreme Court in Loper Bright Enterprises et al v Gina Raimondo. In the brief, joined by Pelican Institute for Public Policy and America First Legal Foundation. amici argue that the case of Loper v. Raimondo presents the opportunity for Chevron v NRDC to be overturned, which has long permitted the confusion of powers of the several branches of the Federal government.
“The Chevron Doctrine has too long been the cause of overreaching Federal regulations that have created financial hardships for Americans of all walks of life, and the case before us today will decide if a Federal agency can place bureaucrats on fishing boats and make the owners pay for it,” said J. Marc Wheat, General Counsel for Advancing American Freedom. “The courts have an opportunity to right this wrong and overrule this burdensome doctrine.”
The amicus brief asks the court to consider that Congressional silence is not tantamount to delegating its legislative powers, silence of the Legislative branch is not to be taken as ambiguous, but the Chevron doctrine has read this silence as permission for a fill-in-the-blank overreach of its limited powers.
The amici goes further, emphasizing that Congress alone has power of the purse and the Chevron doctrine, by allowing mischievous agencies to seek funds outside of the appropriations process, has exceeded its delegated powers, and the judicial powers of Article III must now be used to reign in the roving powers of unelected agencies taking powers the Constitution grants to Congress alone.
To view the amicus brief, click here.
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