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‘The witch is dead!’: Utah politicians celebrate Supreme Court decision weakening regulators

Jun 29, 2024, 11:34 AM

FILE: United States Capitol building (Photo by Win McNamee/Getty Images)...

FILE: United States Capitol building (Photo by Win McNamee/Getty Images)

(Photo by Win McNamee/Getty Images)

SALT LAKE CITY — Prominent Utah Republicans celebrated Friday’s U.S. Supreme Court ruling that weakens federal regulators as a win long sought by many conservatives.

The court’s ruling overturns a 40-year-old precedent known as Chevron deference, which has allowed federal agencies to fill in the gaps left by unclear legislation when it comes to regulating the environment, public health, workplace safety and consumer protections.

Utah Republican Sen. Mike Lee — a frequent critic of government bureaucracy — posted a lengthy thread on the social platform X, accusing Congress of having used a “lazy technique” in lawmaking for much of the past four decades due to the Chevron doctrine.

“Rather than enacting *real* laws, Congress has delegated much of its lawmaking power to unelected, unaccountable bureaucrats,” Lee said. “In essence,” he continued, “no one is accountable — because the American people can’t fire the bureaucrats who make these laws we call rules and regulations.”

Gov. Spencer Cox called the Chevron ruling a “mistaken legal doctrine” and said its reversal is “great news for all of us skeptical of federal authority and focused on individual liberty.”

Utah Attorney General Sean Reyes called the Chevron decision “one of the most dangerous threats to the individual liberties of Americans,” and said the decision has been “weaponized by activist courts and wielded by federal agencies to grow big government and promote partisan interests at the expense of personal freedoms and local control from states.”

“Ding Dong the Witch is Dead!” Reyes posted on X. “Chevron Deference is no more. A huge win for the Constitution and devastating blow to the Administrative State and Unelected Bureaucrats.”

The Supreme Court has upended a 40-year-old decision that made it easier for the federal government to regulate the environment, public health, workplace safety and consumer protections.

Critics of the Chevron decision have argued it gives agencies power that should be reserved for judges, and Chief Justice John Roberts wrote in the majority opinion that: “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”

The case was decided along ideological lines, with Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett and Roberts in the majority and Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson in dissent.

Utah Rep. Burgess Owens said the court “has denied regulators the ability to act like legislators. That power now returns to the people’s representatives.”

“I am pleased that SCOTUS moved to restore power to the people by reinforcing Congressional authority,” said Rep. John Curtis, R-Utah. “Congress must now step up to legislate effectively. This is particularly significant for Utah, where nearly 70% of our land is federally owned and represents a major victory for those of us who feel many federal agencies are enacting rules beyond the intent of Congress.”

Rep. Celeste Maloy, R-Utah, said the decision is a “win for the American people” that “rebalances the powers set forth in the Constitution between the legislative and administrative branches of government.” But she noted that the decision now puts the ball in Congress’ court when it comes to legislating — something the legislative branch of government has done little of lately.

“It’s Congress’s job to write legislation that benefits the American people and not leave it to unelected bureaucrats,” she posted on X. “I hope this ruling will remind members of Congress of our proper role.”

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‘The witch is dead!’: Utah politicians celebrate Supreme Court decision weakening regulators