Supreme Court victory for small fishing business and huge win for
constitutional checks!  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏
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Civil Liberties Newsletter





In case you missed Emily’s email on Friday, I wanted to follow up with you
about a recent victory at the Supreme Court.

‌

It’s official: A small, family-owned fishing business from New Jersey scored a
significant victory against the federal government in the Supreme Court case of
Loper Bright v. Raimondo.

‌

The Supreme Court decision also overrules Chevron deference – and, in doing
so, delivers a critical win for the constitutional checks and balances that our
nation’s Founders envisioned.

‌

The fishermen were represented by Cause of Action Institute, of which I’m
Executive Director, in addition to being Chief Policy Counsel of Americans for
Prosperity Foundation.

‌

Here’s Cause of Action Institute on the decision
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:

‌

The fishermen in the Loper Bright case face an unlawful requirement imposed on
them by an executive branch agency that could force them to surrender 20
percent of their earnings to pay at-sea monitors. Because that fee resulted
from unlawful overreach and threatened their ability to make a living, the
fishermen decided to challenge the requirement in court four years ago.

‌

After a split decision in the D.C. Circuit, the Supreme Court decided to
review the Chevron doctrine, which is the legal theory the government cited to
justify its controversial monitoring rule.

‌

For 40 years, Chevron has required federal courts to abdicate their
constitutional role to interpret the law by deferring to agency interpretations
of statutes whenever those same agencies deem the law “silent” or “ambiguous.”
In practice, such deference permitted agencies to engage in egregious
overreach, often at the expense of ordinary citizens. 













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We’ll dive deeper into the Supreme Court decisions in newsletters in the weeks
to come – but Casey and I wanted to make sure we sent you a quick note about
the decision!

‌

In the meantime, if you’d like to learn more about the case:

‌

* Senator Eric Schmitt from Missouri wrote about what the overturn of Chevron
means for members of Congress
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.
* The fishermen joined the AFP Potential podcast
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last March to talk about the New Jersey regulations that negatively impacted
their ability to earn a living.
* Another fantastic resource is the Cause of Action Institute website
<[link removed]> about Loper Bright v. Raimondo.
* And you can also refer back to previous newsletters – Casey wrote about
Chevron deference
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last May, and I wrote about theSupreme Court oral arguments
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in January.
‌

— James Valvo

‌

Chief Policy Counsel

Americans for Prosperity Foundation




























































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