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The greatest fear of America’s Founding Fathers was that government would become unchecked and unaccountable to the people. But over the past 40 years, the rapid growth of the administrative state has made this founding nightmare a reality. Under the guise of expertise, federal bureaucrats have been able to exert enormous control over the lives of Americans. These bureaucrats have accumulated ever-increasing power for themselves, while destroying small businesses and squelching private industry.
These unelected officials were able to circumvent Congress and avoid accountability because of an outdated and unconstitutional Supreme Court doctrine known as Chevron deference.
Fortunately, the Supreme Court, in the landmark case Loper-Bright Enterprises v. Raimondo, redressed decades of federal abuse and overturned the Chevron Doctrine, a major victory for all Americans who suffer under government regulation. Now that power has returned to the American people, it is members of Congress who, as their elected representatives, are responsible for making laws.
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Loper Bright was brought to court by fishermen challenging the National Oceanic and Atmospheric Administration’s (NOAA) marine monitoring program, which required fishermen to have government officials board their boats to monitor compliance with federal regulations, at a cost that amounted to a whopping $700 a day, all at the fishermen’s expense.
The Supreme Court has done what ordinary businessmen could not: It has prevented government agencies from seizing so much power. File: Supreme Court Building in Washington, DC (AP Photo/J. Scott Applewhite, File)
These fees, which are not permitted by federal law, can run into the thousands of dollars for a voyage that lasts several days. Failure to comply could mean fishermen who risk their lives every day to put food on the tables of families across America are unable to fish and feed their families.
In essence, the government told small business owners, without any legal basis, that they would lose their livelihoods if they did not accept so-called experts.
The Chevron Doctrine gave NOAA this power by requiring judges to defer to federal agencies’ interpretations of statutes when the law is “ambiguous.” The doctrine gave federal bureaucrats, who are unelected and not accountable to the public, the power to make and interpret their own policy. Left unchecked for decades, the Chevron Doctrine transformed the administrative state into a quasi-fourth branch of government.
Given the relative power of the parties involved, Roper-Bright was truly a David vs. Goliath case: the fishermen were facing off against a vast and nearly all-powerful bureaucratic organization, and in so doing, they represented the plight of many Americans suffering under the weight of government regulation.
We have long known that working families, including small businesses, are disproportionately affected by excessive regulation because they lack the resources to comply with these laws. For this reason, unreasonable government regulations have always been a top concern for small business owners, and many small businesses have asked the Supreme Court to end deference to Chevron in order to ease the regulatory burden.
As Justice Neil Gorsuch aptly emphasized during Roper Bright oral argument in January, the Chevron doctrine arguably “has such disparate effects” on “different classes of people,” especially “people who lack the power to influence government agencies.”
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I have seen these results firsthand through Missouri’s farmers and ranchers – statewide, we have nearly 90,000 farms. Protecting these families from abuse of federal power is a top priority for me. I strongly oppose the Biden Administration’s regulations and voted to block the Waters of America rule, an EPA power grab over Missouri family farms and ranches.
During my time as Attorney General, I have taken multiple legal actions against the Biden Administration to protect Missourians, including challenging executive orders on climate change that pose risks to agriculture and energy production that are vital to Missouri’s economy.
In essence, the government told small business owners, without any legal basis, that they would lose their livelihoods if they did not accept so-called experts.
By ruling in favor of fishermen, the Supreme Court provided a once-in-a-generation opportunity to help Missourians and all Americans by restraining an out-of-control regulatory state that is causing disproportionate harm to working families.
But the battle is not over. Now that the Supreme Court has rightfully returned power to the Legislature, Congress must not push it back to regulatory agencies. As before, it is incumbent on our elected leaders in the House and Senate to shoulder the legislative burden.
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The Constitution holds that legislative power resides with Congress, not the executive state. If those laws cause harm, the Constitution gives Americans a way to voice their dissatisfaction. Forty years ago, the Supreme Court’s Chevron decision tipped that balance.
Today, balance has been restored and, more importantly, government accountability to the people has been restored. It is up to Congress to make this judicial victory a reality.
