Recent Supreme Court Decisions
It’s been an active time for the Supreme Court of the Unted States (SCOTUS).
Perhaps the most talked about decision was overturning Roe vs. Wade in June 2022.
And there have been other decisions since then, but I’d like to focus this offering on just two them – decided this year: Chevron vs. National Resources Defense Council and the Trump vs. United States cases. Both are significant.
On June 28 SCOTUS overturned Chevron USA v. National Resources Defense Council and the commensurate federal judiciary’s forty-year-old practice of deferring to agencies’ reasonable interpretations of ambiguous federal laws.
In a 6-3 decision, Chief Justice Roberts wrote that the judiciary has the sole prerogative to “say what the law is.” The decision provides the opportunity for businesses to challenge their regulators which under Chevon had little chance of succeeding. While SCOTUS did not define what constitutes “reasonable,” the decision allows lower courts some latitude in determining reasonableness.
Those of you who have been reading me for any extended period know that one of my biggest peeves against Congress is passing laws which create agencies which in turn issue regulations to enforce the law. In effect, the regulations unelected bureaucrats are issuing are far reaching laws themselves. The decision states that courts must be permitted to weigh in on the meaning of legal language rather than blindly accepting bureaucratic interpretations without question. With Chevon overturned, maybe some of these ‘mighty’ agencies will think twice before issuing regulations, knowing whatever it does it will be open to challenge in the courts.
We don’t need to go far back for example. The National Highway Traffic Safety Administration.in early June announced that a manufacturers’ fleet of passenger cars and light duty trucks will average 55.7 MPG by 2031.
The EPA used to issue MPG requirements. Now the agency issues greenhouse gas (GHG) emissions requirements. The latest, also issued last month, uses a complicated percentage formula for various greenhouse gases. For purposes here, the EPA wants 67% of all new cars manufactured and sold be EVs by 2035 – and no combustion engine vehicles made and sold by 2050. When Congress passed the Clean Air Act in 1963 its intent was to rid our air of smog and acid rain and created the EPA to accomplish those objectives. In the 1970’s Congress set up the Corporate Average Fuel Economy program when the average for cars and light trucks was 13 MPG. The EPA and DOT have gone far beyond the intent of Congress. Now the executive branch via its agencies’ regulations is attempting to tell auto manufacturers what they can build and what consumers can buy. Again, SCOTUS, by overturning the Chevron decision, the government’s killing of one market and creating another will allow manufacturers and consumer groups to challenge those regulations in the courts.
One more thing on this subject, hopefully the SCOTUS decision will make Congress not only think about the possible consequences for their constituents of runaway regulatory agencies before a final passage of a law. Further, I hope Congress will get the idea that it can’t do a Pontius Pilate and ‘wash their hands” when something goes awry or too far – and get some regular oversight going on agencies that issue regulations.
On to the second major decision by SCOTUS so far this year – presidential immunity.
Trump was charged in Aug 2023 with conspiring to defraud the United States, corruptly obstructing an official proceeding and conspiring to do so and conspiring against the right of Americans to vote
The sections of the U.S. code are:
- 241 – passed after the Civil War to prevent the Ku Klux Klan from intimidating blacks from voting.
- 371 – conspiracy to defraud the United States, the statute allowed Trump’s attorney/client privilege to be nullified.
- 1512 – corrupt obstruction of an official proceeding and conspiracy to commit that crime
The 1512 section is the law used most frequently by the DOJ to prosecute people who stormed the capital on Jan. 6 – and many others who were not present.
Trump filed suit against the charges against him by making the immunity claim. After lower court rulings against the claim it was appealed to SCOTUS – which heard arguments in April.
While iterating that presidents cannot be legitimately charged or personally sued for official acts, SCOTUS sent the case back to the lower courts without ruling on any specifics of the current case against Trump.
What it does do however, is remind the lower courts that former presidents have immunity and can’t be charged for what could be called official acts while serving as president.
What it does is expand the legal considerations which any judge adjudicating a trial against a former president.
I would add here that no prior president to Trump has ever been charged for alleged crimes committed while serving as president. Apparently, Trump is a “special case” requiring prosecution.
The ruling will most certainly delay prosecutions in D.C., Georgia and Florida. It’s already delayed the sentencing in the NY hush money trial.
So there you have it – two SCOTUS decisions made within the last 6 weeks that have long range implications and applications.
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Have a great and prosperous week.
Hug somebody.
References:
https://www.jdsupra.com/legalnews/u-s-supreme-court-strikes-down-chevron-7017358/
https://www.nhtsa.gov/press-releases/new-fuel-economy-standards-model-years-2027-2031
https://www.cnn.com/2024/07/01/politics/presidents-immunity-supreme-court-what-matters/index.html
SPIDER Bytes
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