Now, a word from one of the men appointed as the two-man administrative state wrecking ball -- Vivek
Vivek's got it right.
Take a minute to consider what these recent rulings overturned.
West Virginia v. EPA. “Thousands of rules” never passed by Congress? Yet enforced via the Administrative State. With an agency that hired a former New Jersey governor to lead it. Which same governor told us most assuredly that the air at Ground Zero was “safe to breathe.” Yeah, like that. And paid for by?
That would be us.
Loper Bright v. Raimondo. Eighteen THOUSAND federal cases citing an eye-watering unconstitutional ruling if there ever were one — Chevron. Eighteen thousand cases in only 40 years since that unanimous incorrect ruling.
Honest to God…How does a panel of “Constitutional” experts — the supreme court of courts — rule that courts must defer to a government agency’s interpretation of a law or statute?? WTH?? How in the actual did that ruling even happen?? A ruling that opened the door to 18,000 cases relying on it as “defense?”
“Uh, yes. We’re from the government, the agency of who the hell gives a crap, and we’ll tell you what the law means. The Supremes told us we could.”
What?
SEC v. Jarkesy 2024. If you think Chevron’s eye-watering, Jarkesy gives Chevron a run for its money. This is the case where the SEC told a defendant (Jarkesy) that they’d handle the civil case against him. By themselves. With their own judges. Behind closed doors. Without a jury. What???
Yeah. Who needs the stinkin’ 7th Amendment’s guarantee of a jury trial. Pfff…Why, we’re the SEC!
Yeah, well, buh-bye to no jury trial decided by the people who’ll decide the case against you!
Can You Stand It?
I don’t know about you, but I read these things and my head explodes. Did we all get transported to a parallel universe where the “evil” America is in place?
No. But it does confirm my long-running theory. That theory says that while the country has a lot of inhabitants, it has actually very few Americans in it. And so many of those non-American “Americans” infest the unlawful, unconstitutional administrative state that has grown up all around us. On our dime.
Before I let you go, I have to add just a couple other rulings — rulings that went the right way; that is, toward liberty and away from coercion.
The first reminder goes back to a 1934 ruling — Home Building & Loan Association v. Blaisdell. In this case, the Supreme Court ruling made clear: "Emergency does not increase constitutional power nor diminish constitutional restrictions."
Eighty six years later? Forced lockdowns, business closures, and coerced injections, anyone? Governors ordering snot pouches? Businesses taking the cue and denying entry? All because of an “emergency?” An “emergency” that lasted more than a year? I guess everyone, including all the loi-yuhs, forgot about Home Building & Loan Assocation vs. Blaisdell…
The second case is very recent and in my professional wheelhouse — Groff v. DeJoy Jan 2023. It involves the USPS.
This case pitted the plaintiff, Groff, against the defendant, Postmaster General DeJoy. Groff invoked his Title VII protected right to religious expression (protected by the First Amendment). This meant for Groff not working on Sundays. The case tells the story of how the USPS ultimately fired Groff. Groff sued, going all the way to the Supremes.
The Supremes found for Groff — and ultimately all of us. Via this ruling the Supremes raised the bar for companies “exempting” themselves from accommodating their employees’ religious expression. The standard went from a “de minimus” cost to “substantial” cost — and the company has to prove substantial cost. Can’t just say it ain’t convenient…
I’ll leave you with this. Assume your liberty. Live it. Remember the words of the forgotten and ignored Founder, John Dickinson. Known as the penman of the American Revolution, Dickinson reminds us:
“We cannot be happy without being free.”
What’s more American than that?
"The only way to deal with an unfree world is to become so absolutely free that your very existence is an act of rebellion." - Albert Camus
Perfectly stated. Definitely one of your better essays. I especially love the couple of sentences you had where you wrote something like “… While there are a lot of people living in America, there are a remarkably few Americans … “ Then you went on point out that we allow miscreants to take over the levers of power, And then to use that power to strip us of our unalienable rights.
Indeed, I have long felt and expressed that myself, that they were far too few actual Americans living in America in this era, otherwise we would have risen up and destroyed this tyranny already.