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Is This The Beginning Of The End Of The $2 Trillion Administrative State?

Last week, a federal appeals court overturned a Biden administration rule governing dishwashers. This week, the Supreme Court will hear a case involving the regulation of commercial fishing.

Both are seemingly minor regulatory scuffles that normally would attract little public attention.

But they could mark the beginning of the end of the bloated, unaccountable, extra-constitutional “administrative state” – which today imposes $2 trillion in costs on businesses and consumers and every day eats away at our freedom.

The dishwasher story began during the previous administration when President Donald Trump pushed regulators to allow consumers to buy dishwashers that, well, wash dishes.

As we noted in this space at the time, federal efficiency mandates had become so strict that it took more than three hours for a dishwasher to do (poorly) what older models did in an hour. Under Trump, the Energy Department allowed for a new class of appliance that could do the job in an hour.

The left freaked. It called Trump’s decision “senseless” and “appalling” and claimed it “hurts consumers.”

On President Joe Biden’s first day in office, he signed an executive order calling on regulators to undo that Trump rule.

They did. And it’s the Biden rule that the 5th Circuit Court of Appeals overturned.

Big deal, right? We’re talking about dishwashers, after all.

But it’s a welcome sign that the judicial branch may finally be stepping in to put an end to the virtually limitless power federal regulators routinely exercise. The court noted that Biden’s rule was “arbitrary and capricious,” and added that it’s unclear that the Department of Energy, which issued the regulations, even has the authority to regulate water use – which the rules do.

We can only hope that courts toss out the endless stream of other Biden rules that target gas stoves, internal-combustion engines, and a host of other consumer products.

The second, seemingly unrelated news happens this week when the Supreme Court hears arguments in a case involving commercial fishing vessels. This case gives justices the opportunity to turn the regulatory Leviathan inside out.

It case involves a mandate by another regulatory agency, the Commerce Department, which not only told commercial fishing vessel owners that they had to take federal fish inspectors on board but also had to pay the inspectors’ costs.

The Supreme Court could use this case to rescind what’s known as the “Chevron deference.” In a 1984 ruling, the Court basically said that courts will uphold whatever regulators decide a law means where the law doesn’t specifically spell out what regulators can or can’t do.

“The precedent has given agencies broad powers to implement regulations in policy areas across the board, including the environment, public health, and consumer protection,” The Hill notes.

“Broad powers.” “Across the board.” That’s music to the left’s ears, which is why it is apoplectic about losing its regulatory free hand.

U.S. Solicitor General Elizabeth B. Prelogar called overturning Chevron a “convulsive shock to the legal system.” Another critic said it would result in “chaos.” A lawyer who once worked at the Justice Department and the Environmental Protection Agency even argued that it “represents a true danger to our democracy.”

In truth, reining in the unchecked powers federal regulators now wield would begin to restore a government of limited powers that the Founders envisioned and that the Constitution enshrines.

Editor’s note: This has been updated to correct an embarrassing misspelling of “reining,” which was caught by an alert reader.

— Written by the I&I Editorial Board

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I & I Editorial Board

The Issues and Insights Editorial Board has decades of experience in journalism, commentary and public policy.

10 comments

  • The end of chevron deference means the end of ATF regulations outside of actual laws passed by the legislature.

  • Sure, the dishwasher thing is a nice place to start.

    But the first significant real marker of actual progress toward the objective will be the abolition of CAFE and the EPA.

  • Isn’t one of the reasons you Cousins have your admirable Second Amendment to deal with this sort of government overreach?

    • What, you think we’re just supposed to walk into a courtroom or bureaucratic office and start blasting?

      Had we not had said Second Amendment in place, cattle cars would have been filled long ago.

  • Don’t you just love the unelected nobodies who are just like a parasite on the necks of the American people who are useless at working or doing anything other than telling others what to do with their lives? I cannot wait for the big “YOU”RE FIRED” to be blanketing the dee cee area come 01/20/2025.

  • In truth, we’re betting that I&I would rathervthat the people *rein* in the unchecked powers of federal regulators, although “reigning” those powers in would make an ironic pun.

  • I hope they have the intestinal fortitude to reverse Chevron, not just issue narrow opinions on these two cases

  • Because nothing screams “Danger to our Democracy!!!” like having Congress, aka the PEOPLE’s HOUSE, create the law by which the PEOPLE are governed as opposed to a cloistered cabal of unelected bureacrats.

  • EO #1: Direct every Cabinet member to demand each of his/her agencies to describe in clear and concise language what exactly they provide within their operations that could not and should not be provided by the States themselves.
    EO #2: Direct every Cabinet member, except State, Defense, and Treasury to have his/her agencies tote up the total federal allocations designated for each State for the current fiscal year.
    EO #3: Direct Treasury to cut a check as a block-grant to each State for the amounts determined in EO #2. Any unspecific funds identified in EO #2 to be allocated on a per capita basis among the States, in accordance to Article 1 of the Constitution. It shall be up to the States to allocate and track the funds so provided.

    The Federal agencies interaction with the citizenry is through parallel agencies at the States’ levels. By that, let’s devolve governance back down to the States where it belongs; let’s stop laundering every government dollar through multiple levels of agencies in DC. By distributing all the funds that Congress allocated, there is no question nor charge of sequestration.

    Once this program is effected, then notify the States that henceforth they can do their own dang taxation; that Uncle Sugar is out of business.

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