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Litigation

Reactions: Praising Loper Bright decision

September 19, 2024 | A version of this story appeared in Volume 102, Issue 29

 

Letters to the editor

More on Loper Bright decision

 

Contra the opinions expressed by recent observers (C&EN, July 8/15, 2024, page 3, and Aug. 12/18, 2024, page 3), I fully support the recent Supreme Court decision on Loper Bright Enterprises.

My reading and experience are that regulatory agency officials will essentially always act to expand the scope of their authority, their powers, and their budgets. To allow such officials to unilaterally determine that scope seems very unconstitutional. The Constitution is a system of enumerated powers. It is not a blank check to agencies that get to unilaterally decide the extent of their authority. Or to redefine words (e.g., pollutant) beyond the meaning intended by Congress.

Whatever happened to concepts like separation of powers and checks and balances? Perhaps with the Loper Bright decision we can start in some small way to get back to a state in which the Constitution actually matters.

If that causes a problem with some agencies, here’s the solution: stop overreaching your clear authority. If an interpretation of a statute is vague, how about deciding on the other side of your own vested power interests?

After all, Abraham Lincoln’s Gettysburg Address did not say, “Government of the administrative state, by the administrative state, and for the administrative state.” No, I’m pretty sure “the people” were mentioned in there somewhere.

Alex Schuettenberg
Bartlesville, Oklahoma

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