And so, it begins! Welcome to the post-Chevron world. Two days ago on Wednesday, a Mississippi federal court entered an order shutting down Biden’s new trans-friendly Title IX rules —nationwide— by citing the new Chevron decision. Absent the injunction, Biden’s rules (published by HHS), would have taken effect today. Among many other things, the new rules would have forced hospitals and insurance companies to provide genital mutilation surgeries and dangerous hormone treatments, even if such treatments were forbidden by state law.Here’s the key paragraph from its order where the Court opened the Chevron door and strolled through:
“Recently”! It hasn’t even been two weeks, and Loper Bright is already bearing fruit. With Chevron reversed, the Mississippi judge interpreted the statute for himself, ignoring HHS’s insane interpretation. Instead, he logically found that when Title IX passed in 1972, “sex” was meant to be (and is) binary. Two sexes determined by biology — not one million billion flexible feelings determined by angry teenaged TikTok influencers.
Post-Chevron is a whole new and better world. In her peevish dissent, Justice Sotomayor darkly predicted that courts would be overwhelmed by litigation, to which I said, “Good.” But Justice Sotomayor once again missed the bigger picture. The bigger picture is that federal agencies will now need to be much more careful, and much less creative, when drafting their rules. They will have to stay inside the lines of the statutes passed by Congress.
I know we’ve already said this in many different ways, but the effect of Chevron’s reversal is so big and so far-reaching that it is difficult to fully grasp the outer boundaries of its salutary effects. Prepare yourselves for even more great legal news as courts begin reining in the administrative state.
☕️ POST CHEVRON ☙ Friday, July 5, 2024 ☙ C&C NEWS 🦠
Media's controlled demolition of Joe Biden rages; Missouri sues N.Y. over Trump case for election interference; British conservative party meltdown shows promise; first post-Chevron decision; more.
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