We have seen first-hand over the past several years the dark sinister actions of what has been called the deep state, administrative state, the permanent bureaucracy, and most notably, the swamp. We witnessed how the FBI, in conjunction with Hillary Clinton and Barack Obama used the secret FISA Court to spy on the Donald Trump campaign; to conjure up false documents for impeaching Trump on Russian collusion charges; how the FBI pressured social media companies to censure private citizens who dissented on COVID measures. And we see how unconstitutional government agencies like OSHA and the IRS make interpretations of law actual law. The Supreme Court has taken action against this.
Two SCOTUS decisions June 26 and 27 significantly weakened the deep state. In the first case, at question was a 40 year old precedent known as the Chevron deference doctrine. This so-called doctrine required courts to defer to a government agency’s “reasonable interpretation” when there are ambiguities in the law. In other words, the unelected “experts” got to determine what was law, not Congress. The Congressional Research Service states that this particular doctrine was cited over 18,000 times against various entities. By ending the Chevron doctrine, SCOTUS is saying that federal agencies can no use their power to force political outcomes or agendas when Congress gave them no power to do so. In short, the ruling makes it difficult for unelected bureaucrats to make law through their regulations.
SCOTUS also ruled against the assumed power of the Securities and Exchange Commission (SEC) to use in-house administrative law courts to determine a defendant’s civil penalties. In the majority opinion, Chief Justice John Roberts wrote that “A defendant facing a fraud suit has the right to be tried by a jury of his peers before a neutral adjudicator.” The decision refers to the 7thAmendment to the Constitution which upholds the right of trial by jury for civil claims. This decision takes away the bias of unelected government bureaucrats in deciding civil penalties using biased in-hour tribunals. Both decisions will have tremendous ripple effects throughout government agencies as well an impact on how Congress makes laws.
These decisions should limit the power of unelected bureaucrats and targeting of companies and citizens by politically-motivated and agenda-driven federal agencies. Of course, it was the six “conservatives” on the court that did away with this socialist concept while the three leftists on the court dissented. This is the problem: Liberals want to undermine representative government by allowing unelected bureaucrats to determine the law and how their agendas are to be followed. If there is any undermining of “democracy,” this is a prime example of how its done. Maybe SCOTUS will help reverse the process as these injustices are exposed. May we have many Luke 8:17 moments where “nothing is hidden which will not become manifest, nor secret which shall not be known and come to light.”
Sources:
https://www.supremecourt.gov/opinions/23pdf/22-859_1924.pdf
