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Friday, June 21, 2024

Is Congress Ready To Reassert Its Powers Post-Chevron?

 When they are sworn in on Jan. 3, 2025, the 119th Congress will likely be the most powerful in four decades. That is because the Supreme Court is expected to issue an opinion this month that rebalances the separation of powers, reining in regulatory overreach of government agencies and returning that power to the legislative branch. Is Congress ready for this?

At issue is a 40-year-old legal doctrine called Chevron deference, which essentially requires judges to put a thumb on the scales of justice in favor of government agencies’ interpretations of rules and regulations. This has created an unconstitutional power imbalance that has taken away the responsibility of lawmaking from elected members of Congress and given it to unelected – and often partisan – federal bureaucrats.

Proponents of Chevron argue that Washington bureaucrats who claim to be experts are better equipped to make regulatory decisions than elected members of Congress and the American voters they represent. But when government-knows-best liberals chant their mantra, "trust the experts," who are they really talking about? Who are these powerful so-called experts shaping our nation’s policies?

The truth is these purported experts are far from impartial authorities; they are activists who shut down American life under the threat of COVID, have ties to liberal dark money networks, and continue to push a radical left-wing agenda onto the American people. Look no further than the resumes of many of President Biden’s appointees involved in writing the regulations that Americans are forced to deal with on a daily basis.

Take, for instance, a Biden-appointed Department of Energy advisor who, immediately before joining the government, was a consultant for New Venture Fund, the largest nonprofit in the Arabella Advisors dark money network. Under Arabella's management, NVF pumped a staggering $825 million in 2022 alone into promoting radical-left causes nationwide, directly influencing our local, state, and federal elections.

Similarly, on the resumes of three Biden-appointed Environmental Protection Agency officials, you’ll find a former senior attorney for the radical environmental group Sierra Club, a litigation director for left-wing environmental advocacy group Natural Resources Defense Council, and a member of the Oregon government’s Racial Justice Council.

This pattern repeats across nearly every government agency. At the U.S. Department of Agriculture, Department of Health and Human Services, Department of Labor, and more, Biden-appointed officials have frequently been found moonlighting as consultants, directors, attorneys, or members of radical far-left advocacy groups.

Under Chevron, these activist-minded appointees have enormous power to shape the everyday lives of all Americans. And in many cases the American people have little to no recourse for reprieve from this regulatory overreach by unelected liberal bureaucrats. 

If and when Chevron is overturned, Congress will be forced to take a more active role in the lawmaking process. This means that the next Congress will have the ability to give voice to Americans with administrative agencies, use the committee process to defend our rights during rulemaking, and strengthen legislation to ensure laws are not overly vague or broad.

Most importantly, this also means that we will need the right elected officials in office to make these important decisions and policies.

Americans have already witnessed and felt the impacts of a woke and weaponized federal government, and it’s vitally important to consider whom we want to put in the drivers’ seat as we look ahead to this November.

If SCOTUS does indeed stand up for our constitution and defend us from activist regulators, the last thing the American people want or need is to elect those same liberal activists to Congress. To fully rein in the federal bureaucracy, voters need to support conservative candidates at all levels of government, especially in the Senate. A conservative Senate, armed with powers post-Chevron, is the American people’s most powerful firewall against liberal activist regulators and woke Biden nominees. They need to be ready.

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