by Jeff Childers
This term delivered a trifecta of swamp-draining decisions. Let’s recap. In Jarkezy, the Court deleted Executive Agencies’ ability to prosecute citizens for crimes; that must now happen in a real court with a real jury. In Loper Bright, the Supreme Court overturned Chevron, stripping Executive Agencies’ right to interpret laws by themselves and restoring that power to the courts.
Yesterday, the Supreme Court quietly published Corner Post v. Federal Reserve, and squared the deep-state-demolishing circle. Corner Post deleted the current 6-year statute of limitations for challenging Executive Agency rules under the Administrative Procedure Act. Now, citizen plaintiffs can challenge long-standing Agency regulations within 6 years of being affected by them.
The Loper Bright decision made it easier to overturn bad Agency decisions going forwards. And Corner Post just opened the door to retroactive challenges to decades-old regulations. It’s a gold rush for new, re-envigorated litigation against the Regulatory State. Virtually everything is now up for grabs. And I’m not the only one who noticed:
Liberal Justice Jackson, dissenting in Corner Post, also noticed how revolutionary this decision was. Jackson wrote, “At the end of a momentous Term, this much is clear: The tsunami of lawsuits against agencies that the Court’s holdings in this case and Loper Bright have authorized has the potential to devastate the functioning of the Federal Government.”
They’re going to need a bigger courthouse. Do it! Devastate the functioning of the Federal Government!
Ironically, Justice Jackson was right, in one sense. A tsunami is a natural event, like the flood waters crashing through a broken dam. Something unnatural (a dam) held the waters back. It’s time for the river to flow through its proper channel again.
Collectively, the new three-part immunity test plus the three-decision trifecta of administrative agency cases drastically pruned presidential authority, about which conservatives and liberals alike (depending on who the sitting president was), have long and bitterly complained.
The “power of the pen” might no longer be as powerful as advertised. Today the Presidential pen is looking more like a cheap Chinese knock-off.
It is difficult to overestimate how much this Supreme Court just historically and permanently altered the landscape of federal government overreach. I’m tempted to invoke again my overused ‘2024’ canard. But actually, I believe this unimaginable improvement in our national prospects was the inevitable result of the Supreme Court observing the government’s wild and painful overreach during the pandemic.
In other words: vaccine mandates.
We’ve longed for a lone decision saying HHS and OSHA can’t just arbitrarily order people to take experimental medical treatments they don’t want. We didn’t get that. But what we did get is arguably and breathtakingly much, much better. The Supreme Court took the long view. They’ve changed everything —including but not only medical freedom— for the better.
We had no right to expect this revolutionary Supreme Court session. What a great day to be alive.
The left is losing it over this.
Liberals and Liberal Democrats opposed Thomas and fragged in Anitta Hill to stop his Nomination they don’t want anymore whole supports the U.S. Constitution as it was written and not interpate it to meet their own Liberal Views
A Republican majority in the House and Senate can’t come at a better time for, if the Democrats get it, they will most assuredly destroy the Supreme Court once and for all.
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Wont make a damn bit of difference it isnt the swamp calling the shots, its people with an agenda of absolute control, they dont stop. They will create a cluster F so bad people will beg for more chains as they will be told its the only solution.
Norway is stockpiling grain 82500 tons.
Countries are gobbling up gold like candy as the dollar is expected to collapse, dumping US Bonds as they become Junk.