Thursday, June 12, 2025
Does Privacy Need Enumeration in a Constitutional Amendment?
Sunday, June 16, 2024
Morgan Griffith on Chevron Doctrine
NOTE: last week’s column should have clarified that while some coronaviruses have a furin cleavage site, none have previously been seen to occur naturally in bat coronaviruses or SARS-like viruses.
Please forgive our oversight.
Chevron Doctrine
The U.S. Supreme Court has decided some notable cases in 2024.
Donald J. Trump v. Anderson was a unanimous decision by the justices to allow President Trump on this year’s ballot, despite efforts from states like Colorado and Maine to remove him.
National Rifle Association v. Vullo arises from a New York state official accused of coercing banks and insurers into cutting ties with the NRA by threatening regulatory action.
The justices voted 9-0 to protect the NRA’s right to free speech and allow the NRA to move forward with their lawsuit against the New York official for First Amendment violations.
Among Supreme Court cases set for decision this summer are Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce.
Loper and Relentless, Inc. represent commercial fishing groups whose operations encompass the Atlantic herring fishery. The National Oceanic and Atmospheric Administration (NOAA) requires the fishermen to abide by a litany of regulations.
Amongst these regulations are ones requiring the commercial fishermen to alert regulators before they set out to fish. The fishermen’s locations are tracked. Sometimes, the fishermen have to allow a government-mandated federal observer to be present on the boat to collect data and information about their catch!
But wait, there’s more!
NOAA’s budget from Congress did not provide funding for NOAA to do on-the-boat observation of the fishermen’s activities.
So what did NOAA do?
They forced the fishermen to hire third-party monitors and made the fishermen pay the third-party monitors’ salaries!
USA Today states this rule costs the fishermen up to $700 a day. If they do not pay, they are further penalized.
NOAA Fisheries justifies these actions as “necessary and appropriate” for the “conservation and management” of fisheries.
Even though Congress never specifically authorized these actions to be a part of “conservation and management”, the fishermen bear these burdensome requirements because they were upheld under the “Chevron Doctrine” at the appellate level.
This rule comes from Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. at 842–43.
The “Chevron Doctrine” states if an agency asserts that it has jurisdiction to take action in order to fulfill its overall purpose, that deference would go to the agency unless a claimant could prove that the action was not a “permissible construction.” This is true if Congressional language is in any way ambiguous.
Apparently a “permissible construction” allows NOAA to force commercial fishermen to pay to have NOAA third-party agents aboard their ships.
The “Chevron Doctrine” at one time even saw the Environmental Protection Agency (EPA) try to claim that trailers for a tractor-trailer were self-propelled motor vehicles, notwithstanding there is no motor. The EPA backed down, but it shows just how far some activists inside agencies will push the boundaries of the “Chevron Doctrine.”
I have long advocated for the 1984 Chevron ruling to be overturned or legislatively eliminated. The original 1984 ruling was an improper shift of authority from Congress to administrative agencies.
When Congress delegates regulatory authority to agencies, it should be clear and authoritative. When the authority is unclear or not specifically granted to an agency, the Courts should rule against the agency. Congress will then either let the Court decision stand or take action to grant the agency specific authority.
In 2016, I was an original cosponsor of H.R. 4768, the Separation of Powers Restoration Act, a bill to restore the balance of power between all three branches of government and codify measures to rein in the executive branch, including a reversal of the Chevron rule. It passed the U.S. House of Representatives in 2016 but no action was taken in the U.S. Senate.
This Congress, I voted for similar legislation, H.R. 288, the Separation of Powers Restoration Act. The legislation passed in the U.S. House of Representatives last year. The U.S. Senate should take up this bill and send it to President Biden’s desk.
Because of Chevron, activist bureaucrats can interpret statutes according to their political agenda, expanding their bureaucracy’s powers without Congressional approval.
The outcome of Loper will have tremendous implications for the American people and our government.
Duke Law Journal estimates that the Supreme Court has cited Chevron 238 times and invoked the rule in over one hundred decisions.
Litigation cases generally cost a small fortune and take years to decide. Even if the Court overturns an agency action, many times companies have already complied with expensive and egregious regulations. These regulations cost consumers.
We will see if the 239th instance where the Court cites Chevron restores balance of power between our branches of government.
If you have questions, concerns, or comments, feel free to contact my office. You can call my Abingdon office at 276-525-1405 or my Christiansburg office at 540-381-5671. To reach my office via email, please visit my website at https://morgangriffith.house.gov.
Monday, January 16, 2023
Vaccine Mandate Null, Void, & of No Effect
In a groundbreaking decision filed today, NY State (NYS) Supreme Court Judge Gerard Neri held that the COVID-19 vaccine mandate for healthcare workers is now “null, void, and of no effect.” The court held that the NYS Dept. of Health lacked the authority to impose such a mandate as this power is reserved to the state legislature. Furthermore, the court found that the mandate was “arbitrary and capricious” as COVID-19 vaccines do not stop transmission, vitiating any rational basis for a mandate.
Children’s Health Defense (CHD) financed this lawsuit on behalf of Medical Professionals for Informed Consent and several individual healthcare workers. Sujata Gibson, lead attorney, said, “This is a huge win for New York healthcare workers, who have been deprived of their livelihoods for more than a year. This is also a huge win for all New Yorkers, who are facing dangerous and unprecedented healthcare worker shortages throughout New York State.”
CHD President Mary Holland stated, “We are thrilled by this critical win against a COVID vaccine mandate, correctly finding that any such mandate at this stage, given current knowledge is arbitrary. We hope that this decision will continue the trend towards lifting these dangerous and unwarranted vaccine mandates throughout the country.”
We are off to a great start in 2023.
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About Children’s Health Defense:
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Monday, November 21, 2022
Book Review: Letter to Liberals
Friday, October 21, 2022
Remedial English 001: Dependent Clauses
A sentence has a subject clause for a reason – it is the subject of the sentence. That means that it is the part of the sentence that is being discussed; with an objective clause referring back to the subject clause.
‘’A well regulated militia, (comma)….’’ IS the subject clause of the sentence. All other clauses refer back to this clause….
‘’… being the best security of a free state, (comma)’’ refers to the ‘militia’…..
‘’…, the right of the people to keep and bear arms, (comma)’’ refers back to those in the militia.
‘’,… shall not be infringed.’’ Refers to the ‘right of the people’ IN THE ‘MILITIA’
Yes, we have a right to bear arms IF you are in ‘’A well regulated militia,…”
Our founders were the most educated people in our nation at that time –
Learn their English and you will understand their intent as it was meant to be understood
Friday, September 2, 2022
Morgan Griffith Gets Back to the ABC
It's the first thing we learn in American history: First the United States, and then the other American nations in turn, defined our national government by rejecting systems based on monarchy.
From U.S. Representative Morgan Griffith (not "Sir Morgan, Baron of the Point"), R-VA-9:
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Presidents Are Not Kings
Americans have long been skeptical of monarchs. We still celebrate July 4 each year, marking the adoption of the Declaration of Independence which catalogued our grievances against Britain’s King George III. We celebrate George Washington precisely because he chose to be a president who retired after two terms rather than a king. Presidents throughout our history who were seen as overstepping the bounds of office have been compared to kings, and not in a positive way.
This national trait of ours is a healthy one. As Ronald Reagan said of freedom, “It is not ours by way of inheritance; it must be fought for and defended constantly by each generation.”
Our republican form of government requires the engagement of its citizens. Further, it separates powers between the legislative, executive, and judicial branches and expects each to guard those powers from the others.
Nevertheless, the presidency has clearly accumulated great power of which the kings and queens of old could scarcely dream.
In a spirit not of partisanship but of concern for our form of government, I offer some examples where recent presidencies surpassed their authority. Even if you or I agree with the goal, we should beware executive overreach.
Let’s start with the Biden Administration. Under President Biden, the Department of Homeland Security has ruled that large swathes of the illegal immigrant population should not be eligible for removal from our country. Of course, we have seen the immediate consequences of this legally unsupportable position: much more illegal immigration.
But it also damages the rule of law in the long term. Congress writes immigration laws. Several presidents have sought bills to grant amnesty to illegal immigrants, but they have not passed Congress. President Biden’s decision amounts to amnesty, but it is a decision he is not free to make.
His recent order canceling student loan debt at the cost of hundreds of billions of dollars will likely be challenged in the courts. Its foundation in emergency authority is constitutionally dubious.
During President Trump’s Administration, the Centers for Disease Control and Prevention (CDC) unilaterally issued a nationwide moratorium on evictions in September 2020. Congress had previously passed a set of protections from eviction during the coronavirus pandemic in the CARES Act. The eviction limits expired, so the CDC cited a vague law allowing its director to take “measures to prevent such spread of the diseases as he/she deems reasonably necessary” to issue its own moratorium.
The CDC continued to extend the moratorium under President Biden until the Supreme Court eventually blocked its enforcement.
President Obama’s time in office was characterized by aggressive efforts to push the envelope of his legal authority. He entered the Paris climate agreement without seeking Senate approval as a treaty. His Administration issued guidance documents that sought to evade the steps for rulemaking required by law. Just this year, the Supreme Court found in West Virginia v. Environmental Protection Agency (EPA) that the Obama EPA tried to usurp authority that did not belong to it in the regulation of greenhouse gases.
President George W. Bush’s time in office was consumed by the response to the terrorist attacks of September 11, 2001, but national security does not justify acting outside the law. The Foreign Intelligence Surveillance Act (FISA) set rules for reviewing requests by intelligence agencies to keep track of suspects. I believe the Bush Administration went beyond the rules to allow the National Security Agency to eavesdrop on suspects, including Americans, without a warrant.
Preventing presidents from overreaching their authority can be difficult. One may sympathize with the president’s goals or not want to side with the president’s opponents. Nevertheless, keeping our republic requires vigilance against presidents of any party acting outside their legal and constitutional limits.
As a Member of Congress, I have sought to keep presidents within the law. Under Presidents Obama, Trump, and Biden, I have called for the review and repeal of the authorization of use of military force in Iraq to prevent it from being used for unrelated purposes. I have been an outspoken critic of the FISA court process.
Further, I have spoken out against regulations that do not follow the proper rulemaking process, and have supported legislation to keep the president, whoever he or she is, within the limits of their office.
A president is not a king, no matter how well-meaning he is. All citizens should seek to keep it that way.
If you have questions, concerns, or comments, feel free to contact my office. You can call my Abingdon office at 276-525-1405, my Christiansburg office at 540-381-5671, or my Washington office at 202-225-3861. To reach my office via email, please visit my website at www.morgangriffith.house.gov.
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