The Jay Weber Show

The Jay Weber Show

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The SCOTUS Chevron decision is far more consequential than Dobbs

Jay Weber Show transcript 7-1-24 8am

For the record-i don’t know if the ‘American right’ has ever had a better 24 hours than we did Thursday night into Friday evening.

And it came after Donald Trump had his best week of polling -nationally- in quite some time.

But the debate Thursday night exposed ‘all of America’ to how ‘far gone’ Joe Biden really is mentally and physically-

Then on Friday, the US Supreme Court released three major decisions that helped conservatives-and all America-really.

Overturning the chevron doctrine was huge. More consequential to the country-long term-than even the overturning of roe-v-wade.

Then there was the decision that ruled federal prosecutors have been abusing a law to prosecute Jan sixth defendants-which is a ruling that also erases the most serious charges jack smith leveled against trump...

Then came a decision taking away any excuse for leftist democrats to crack down on tent cities.

Man, this was a great run for the right.

And no victory is bigger than the US Supreme Court-finally-killing off a bad precedent set in the 1980s that basically said federal agencies can ‘interpret’ any statute that has been passed by congress ‘in any way that they want’, so long as they pretend the language is vague.

That’s basically what the so-called ‘chevron doctrine’ was.

What it was-intended to be a decision by a previous court that if there was any confusion or vaguarity related to a law that had been passed by congress...the quote ‘experts’ at the federal agencies should be the ones to interpret it, not the federal courts.

Well, that ruling was crap, because it empowered a legion of unelected bureaucrats and activists working across our govt agencies to ‘take power for themselves’ on all sorts of ways.

Very quickly-it led to democrat administrations pretending as if ‘this statute is vaguer. Or ‘this statute can also be interpreted this way’... So that they could use lies and false pretext to invent new regulations on the fly-and on their own- without congress.

This Friday ruling killed off all that mullarkey-if congress and activist groups are diligent about the decisions these agencies are making-moving forward.

Friday was a great day for liberty, and the constitution, and ‘limited government’....

And could prove to be so monumental...that the overturning of chevron could quickly become far more important to the country than the overturning of roe.

The decision is ‘this big’, it really is.

Long time listeners can think back-years-

In your years listening to this show-every time we talked about an agency overreach- it was because ‘chevron’ was allowing the constitutional separation of powers to be abused.

Every time Obama moved to say he could force new regulations on carbon emissions...or waterways...or car and appliance companies...on his was an example of he and his team abusing the chevron decision.

Ignorant lefties tried to claim on Friday, ‘well, the high court’s haven’t invoked chevron in a decade, anyway’.


This decision makes it clear that ‘we’ can sue-and win- in virtually every case of agency or departmental government overreach.

It’s a huge consequence.

And yes- lower courts still do cite chevron routinely to avoid making hard calls, or as a way of supporting the leftist, regulatory agenda.

The dc court of appeals has been abusing chevron ever since it was created in 1984-and the high court just ruled that such abuse in the name of growing the leftist administrative state-has got to come to an end.


Even though this was a 6-3 opinion along ideological lines- the three liberal justices who dissented -did not- have a strong counterargument.

They talked about a worry over ‘judicial hubris’ as judges make decisions even though they aren’t ‘experts’ in the field.... like these federal administrators allegedly are.

That’s not an argument: not when you are -in virtually all instances- simply asking these courts: does the statute-as passed by congress-allow for this, or not?

For example: Obama tried to use the clean air act to regulate co2.The case before the court, then, was ‘did congress intend for the clean air act to regulate carbon levels?’

The answer for any judge who isn’t a moron is ‘no’.

How do we know?

Because among the list of things that the congress in the 1970s listed as things ‘govt could regulate’ in the name of clean air- they didn’t list carbon emissions or make any mention of global warming.

Yet, Obama’s regime was trying to pretend that the clean air act applied to carbon, too.

Why? Well, because white house and EPA lawyers thought they’d found a way to argue that-technically- that part of the clean air act isn’t clear. Technically, it doesn’t really -exclude-the regulation of carbon.

Chevron doctrine-allowed them to make that argument and believe the rest of us would just have to put up with them cheating and sidestepping congress.

That’s just one example of why judges don’t need to be ‘experts’ in every field in order to make these calls. The only call they need to make is, is this what the constitution, or the law, intended? Does this statute- apply here? 

That’s it.

These are calls that help ‘limit’ and ‘legitimize’ government. This decision is huge.

In fact-as a great illustration of how this changes things- the politico put out a long, sixteen page ‘funeral dirge’ for some of the left’s biggest initiatives, now that chevron is dead.

As i said on twitter, yesterday:  this story is glorious because it is meant to be politico liberals alarming us about all the 'great things' the chevron decision just killed off. Instead, it's a list of huge wins for freedom, constitution, and the American people.

Politico is literally whining that- under chevron now, everyone’s going to have to follow the constitutional separation of powers.

That is what their sixteen pages ‘analysis’ really is.

It’s outrageous that our fellow leftists who control all of the levers of the fed govt and federal regulations can’t cheat anymore.

This is what has them upset.

That is-again-a lie.

All judges need to decide is: is this govt agency going too far and ‘pretending’ that a previously passed law allows them to create this new regulation on their own. That’s all the courts need to decide.

A made-up example is- if the Biden HHS suddenly says all illegal aliens are eligible for Obamacare or Medicaid. The law passed by congress and signed by President Obama, himself, says they are not.

Any judge hearing that lawsuit-only must decide- can illegals be covered by Obamacare without congressional approval? Can Biden’s HHS change the rules this way?

The answer is clearly ‘no’. And the judge doesn’t need to know the intricacies of the entire health care system-or be a doctor him or herself to make that call.

This argument that ‘experts need to decide these things’ instead of judges is crap. 

Also, on the list of things that this chevron decision disrupts for the left-

The regulations they have dreamt up to try to. quote. Protect...transgender students by forcing medical procedures onto them...

The title nine changes Biden just made destroying title nine. He had no authority to do that- this decision makes that clear.

Politico whines that this is another hurdle to ‘net neutrality’ and forcing taxpayers to pay for abortions...

It is a glorious list of ‘wins’ for the American people because of this chevron decision.

It’s a huge game -changer. Massive win for America-and a massive blow against the left’s routine of bullying the American people into adopting their claiming they can do it by agency order.

photo credit here: Getty Images

audio version of segment here > The SCOTUS Chevron decision is far more consequential than Dobbs

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