Since the Supreme Court dropkicked Chevron deference, Republicans are licking their chops. Well … some of them are kinda drooling, TBH.
That would be Rep. Lauren Boebert (R-GED), harassing EPA Administrator Michael Regan about which agency regulations he will be repealing now that the Supreme Court said agency rule making is “unconstitutional.”
Silly Congresslady, SCOTUS is saving that one for OCT2024!
But the “normal” Gippers are also thinking how they can fuck stuff up now that SCOTUS has declared open season on a functioning government. And the Comer/Jordan/Scalise braintrust has come up with a can’t fail plan! What if… they get Democrats to do their homework for them???
Toward that end, they fired off a bevy of identical letters yesterday to the various heads of 25 executive agencies demanding to know what regulations they should challenge first.
“Perhaps no administration has gone as far as President Biden’s to found sweeping and intrusive agency dictates on such questionable assertions of agency authority,” they wrote, sneering that “President Biden’s climate, energy and Environment, Social and Governance (ESG) agendas” have “undermined our system of government, overburdening our citizenry and threatening to overwhelm the founders’ system of checks and balances.”
(ESG is the new CRT, doncha know.)
To remedy this grievous injustice, they demand:
a. A list of all pending judicial challenges to final agency rules that may be impacted by the Court’s Loper Bright decision;
b. A list of all final agency rules not yet challenged in court that may be impacted by the Court’s Loper Bright decision if they are so challenged; and
c. A list of all pending agency rulemakings in which the agency is relying on an agency interpretation of statutory authority that might have been eligible for Chevron deference prior to the Court’s decision in Loper Bright.
But only since January 20, 2021! Please do not point out to them any regulations between January 20, 2017 and January 19, 2021. Those are not the rules these devotees of limited government are interested in challenging, TYVM. Only the icky Biden ones that try to clean up the air and commit crimes of woke against corporate profitability.
Shhh, no one tell them that thanks to SCOTUS’s ruling in Corner Post v. Board of Governors there’s no more statute of limitations on challenges to regs, and they can undo the entire Obama administration, too.
Liz Dye lives in Baltimore where she produces the Law and Chaos substack and podcast.