US Supreme Court Challenges Authority of Regulatory Agencies in Landmark Ruling

The Supreme Court on Friday (28) overturned a legal precedent established in 1984, known as “Chevron Deference,” in a case involving an oil company against environmental protection agencies. This precedent gave regulatory bodies the ability to set rules when legislation was unclear on a particular issue.

The result of this decision was a significant increase in the power of these agencies, outside the democratic process, leading to an unprecedented expansion of the state bureaucracy. This arrangement undermined the principles of free markets and individual initiative, which are the foundations of the American system.

In 2020, a government agency forced a fishing company to pay for an inspector to stay on its vessels to comply with legislation. The company challenged that obligation in court, and the case reached the Supreme Court, which took the opportunity to review the precedent set in the Chevron case and overturned lower court decisions that had favored the government agency.

The decision came by a majority of 6 to 3, following the ideological line of the ministers: the conservatives voted to end the interpretation, while the three left-wing ministers voted to maintain it.

It is a major victory for a free society that has been suffocated in recent decades by the growth of the state, through multiple regulations often used to justify the existence of these agencies and the large number of employees working in them.

It is clear that this decision aroused the ire of the left, which defends a large state that controls all aspects of human life. The dream of almost every socialist is to become a bureaucrat who parasitises the rest of society and dictates to others how they should live, contributing to an increasingly less efficient and more totalitarian system.

The American model offers the opposite social organization, where there is individual freedom to act and flourish, leading to a more prosperous and efficient society.

Certainly, in some activities, a certain level of organization is necessary; but the rules should be determined by the representatives of the people, seeking simplicity and efficiency, which is the opposite of what these devices generally promote.

The Supreme Court’s decision corrects a deviation from the American Constitution. Unfortunately, we cannot be too optimistic, as history has shown that state agents are very creative in finding new ways to maintain the unlimited expansion of bureaucracy that has characterized the decline of the West in recent decades.

Leandro Rochelle.

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