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Hugh Hewitt: An Opportunity for the High Court

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The Supreme Court has an opportunity to save us from runaway regulation. If the court can summon the courage this year, it can deal the bureaucrats a body blow and free millions of Americans from diktats from on high, each one of which makes their lives more difficult, more expensive and decidedly less free.

The case is Loper Bright Enterprises v. the Secretary of Commerce — but the real plaintiffs include every citizen hard-pressed by federal overreach. 

The immediate issue is whether or not New England herring fishermen must pay the salaries of the government monitors they are required to host on their boats. 

Ideally, the justices will use the narrow question to overrule what’s known as the “Chevron standard,” which includes “Chevron deference,” and do so entirely.

“Chevron deference” comes from a 1984 decision which obligated judicial deference to administrative agencies’ interpretations of the federal law governing them.

“Chevron deference” has come to mean government by bureaucrats.

The Constitution is clear: Laws are made by Congress. 

I’m hopeful the high court will set us on a course correction, and soon.

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