The Left, however, thought that Chevron deference represented a public benefit. Whether the Environmental Protection Agency (EPA) created new regulations on the coal or oil industries or if the Consumer Finance Protection Bureau (CFPB) created restrictive rules against the banking industry, the Left believed that these bureaucrats represented the best interests of the people because they believed that these agencies looked out for their political agenda. By their logic, as long as Republicans in Congress are unable to gut these rules, then there would be no negative consequence for having administrative agencies acting as independent, law-making arbiters wearing the robes of a philosopher king.
Today, the Left seems to have changed its tone on appealing to the authority of administrative agencies. For example, when Scott Pruitt became Administrator of the EPA, the Left began to champion legal challenges against the EPA's increasing policy of removing or changing regulations. However, the largest about-face that the Left has made with regard to administrative agency deference came yesterday after the FCC voted to revoke the Obama-era "Net Neutrality" rules.
Suddenly, prominent leftists started railing against the FCC's legitimate authority to overthrow those changes. For example, socialist Sen. Bernie Sanders (I-VT), tweeted that Congress and the courts should fight back against the FCC.
[TWITTER]https://twitter.com/SenSanders/status/941383879939837953?[/TWITTER]
In addition, 17 state Attorneys General announced that they intend to sue the FCC in order to save the "Net Neutrality" regulations. By their logic, the FCC should be challenged in the courts and by Congress about their agency rules on the grounds that they violate the interests of the people. The only way to make that argument is by overruling Chevron and by giving both Congress and the courts the ability to challenge the procedural and structural merits of administrative agencies like the FCC to make laws and rules.
This represents a tremendous reversal in how the Left views the power of the administrative state. Earlier this year, the Left chastised Trump's nomination of now-Justice Neil Gorsuch because of his vocal opposition to Chevron deference. Now, the Left seems to be more open to the realization that leaving administrative agencies to unchecked rule-making abilities does not seem to be a legitimate means to govern the people. What is rather ironic about the Left's newfound discovery of limited enumerated constitutional powers is that this does not emanate from principle but rather political convenience. The real question is whether the Left would be willing to (rightfully) overrule Chevron deference in order to earn a victory for "Net Neutrality" in exchange for losing the war against overreaching administrative authority.
HAMILTON: Since When Did The Left Start Advocating Against Chevron Deference?
Today, the Left seems to have changed its tone on appealing to the authority of administrative agencies. For example, when Scott Pruitt became Administrator of the EPA, the Left began to champion legal challenges against the EPA's increasing policy of removing or changing regulations. However, the largest about-face that the Left has made with regard to administrative agency deference came yesterday after the FCC voted to revoke the Obama-era "Net Neutrality" rules.
Suddenly, prominent leftists started railing against the FCC's legitimate authority to overthrow those changes. For example, socialist Sen. Bernie Sanders (I-VT), tweeted that Congress and the courts should fight back against the FCC.
[TWITTER]https://twitter.com/SenSanders/status/941383879939837953?[/TWITTER]
In addition, 17 state Attorneys General announced that they intend to sue the FCC in order to save the "Net Neutrality" regulations. By their logic, the FCC should be challenged in the courts and by Congress about their agency rules on the grounds that they violate the interests of the people. The only way to make that argument is by overruling Chevron and by giving both Congress and the courts the ability to challenge the procedural and structural merits of administrative agencies like the FCC to make laws and rules.
This represents a tremendous reversal in how the Left views the power of the administrative state. Earlier this year, the Left chastised Trump's nomination of now-Justice Neil Gorsuch because of his vocal opposition to Chevron deference. Now, the Left seems to be more open to the realization that leaving administrative agencies to unchecked rule-making abilities does not seem to be a legitimate means to govern the people. What is rather ironic about the Left's newfound discovery of limited enumerated constitutional powers is that this does not emanate from principle but rather political convenience. The real question is whether the Left would be willing to (rightfully) overrule Chevron deference in order to earn a victory for "Net Neutrality" in exchange for losing the war against overreaching administrative authority.
HAMILTON: Since When Did The Left Start Advocating Against Chevron Deference?
