For those not following the case (Loper Bright Enterprises v. Raimondo), the so-called Chevron case is currently before the US Supreme Court. This case addresses the following “in matters of dispute who has the final authority to decide national policy?” Example, are fishing rights under dispute to be decided by the Federal agency that was established specifically for the purpose of answering these disputes; or is the US Supreme Court responsible to decide”? Up to the present–based on the Chevron case precedent–Federal agencies that have the staff, expertise, resources and time to assess each dispute have been the final authority. But now the Loper case has found its way to the US Supreme Court and they are actually discussing whether the existing agency or the court should make the final decision. We think it makes no sense whatsoever to burden a totally uneducated court with hundreds of issues. We also wonder why SCOTUS agreed to even address the case. Currently SCOTUS handles about 60 to 70 cases annually. If they assume this new role, the number of cases could increase by a factor off the charts. And while those cases languish in the court any and all activity around the issue would stop. An overburdened, uneducated and delinquent court is not the answer. Maybe we should see a bigger picture. Is this change somehow politically motivated? Is someone being favored because of a mega donor contribution to perhaps one or more of the Justices? Do recent revelations cause you to wonder if bribery is afoot? This is the danger of a scandalous reputation? We think the worst case scenario. But the real problem is: many times the worst case scenario is exactly the situation. Stay tuned.
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