Justice Kagan wrote, “Today, the Supreme Court flips the script: It is now the courts (rather than the agency) that will wield power when Congress has left an area of interpretive discretion.”
June 29, 2024: In a 6-3 vote, the Supreme Court of the United States (SCOTUS) over-ruled the 1984 case Chevron vs. Natural Resources, which became know as Chevron deference. The Chevron deference requires courts to defer to experts from government agencies, such as the IRS, FBI, CIA, FDA, CDC, HHS, and NIH, to interpret the ‘ambiguities of the laws’ that govern those agencies.
Pfizer’s Legal Defense Strategy Got Buried Today
In the Brook Jackson case, Pfizer Carlton Wessel, audaciously reminded that judge that he does not have the authority to question statements or decisions made by the FDA, even if it’s apparent that the FDA acted in a reckless or illegal manner.
Judge Truncale clarified with Pfizer’s attorney, “So what you’re saying is if the FDA gets it wrong…They just get it wrong…and we live with it? There was no oversight by a court. That’s it. That’s correct?”
And Pfizer’s attorney said, “Yes, Your Honor.”
Pfizer’s legal defense strategy has been that; no matter what they do, no matter how many rights they violate, no matter how many people and children they harm, there’s nothing that can be done in a court of law to stop them because the FDA and other US government agencies publicly condone Pfizer’s illegal and criminal behaviors.
That just ended today.
Per SCOTUS Blog, “Justice Roberts rejected any suggestion that agencies, rather than courts, are better suited to determine what ambiguities in a federal law might mean. Even when those ambiguities involve technical or scientific questions that fall within an agency’s area of expertise.”
Chevron Deference Stripped Courts of Judicial Power, Increased the Power of Government Agencies and Violated the Constitution
In Justice Thomas’ concurring opinion, he wrote;
“Chevron deference was “not a harmless transfer of power. The Constitution carefully imposes structural constraints on all three branches, and the exercise of power free of those accompanying restraints subverts the design of the Constitution’s ratifiers.” In particular, the Founders envisioned that “the courts would check the Executive by applying the correct interpretation of the law.”
Chevron was thus a fundamental disruption of our separation of powers. It improperly strips courts of judicial power by simultaneously increasing the power of executive agencies. By overruling Chevron, we restore this aspect of our separation of powers. To safeguard individual liberty, “structure is everything.”
Although the Court finally ends our 40-year misadventure with Chevron deference, its more profound problems should not be overlooked. Regardless of what a statute says, the type of deference required by Chevron violates the Constitution…
READ ARTICLE HERE… (karenkingston.substack.com)
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