Congress Empowered by the Bureaucracy’s Weakened Authority
July 25, 2024 | Washington, D.C.
by Tabitha Walter, Executive Director, Eagle Forum
Last month, the Supreme Court handed down one of the most notable rulings in our lifetime. The 6-3 decision in Loper Bright Enterprises v. Raimondo overturned the 1984 decision in the Chevron v. National Res. Def. Council case that created the power for agencies to interpret unclear laws however they wish.
Calling the Chevron decision “fundamentally misguided,” the Court has stripped from unelected bureaucrats the responsibility of interpreting laws. This will greatly rein in the administrative state going forward but creates a challenge when addressing what has already been implemented.
The Biden administration has long wielded the powers of the bureaucracy to advance a liberal agenda. These policies, that usually slide in under the radar, are putting a tight squeeze on the average household budget. The Competitive Enterprise Institute found that families are spending on average over $14,500 per year on regulatory costs in addition to their federal tax burden. The costs are hidden in standard purchases such as food, clothing, appliances, or car purchases. When the government is overregulating these industries, the burden will be placed on consumers in the former of higher prices.
In an effort to push forward what may be the last chance of implementing rules under a Biden presidency, agencies moved forward 66 rules in April alone. In comparison with the Trump administration, Biden has implemented 111 more regulations at this point in his term. Many of these policies are coming out of the Environmental Protection Agency (EPA). They have created regulations that limit our freedom to choose what kind of gas-powered cars, light bulbs, gas stoves, and refrigerators we want to buy.
The EPA’s latest rule is one of the most drastic mandates to cut carbon dioxide emissions to date and will likely end up in the courts. The goal is to cut CO2 emissions by 75% from power plants by 2035 by requiring “carbon capture” – a technology that is still being developed. No doubt these new regulations will cause electricity prices to rise even more.
Before the Loper decision, the only recourse from bureaucratic overreach was either going to court or getting Congress to use the Congressional Review Act (CRA) to overturn regulations. The Biden administration has seen their fair share of lawsuits that have overturned rules on vaccine mandates and sweeping student loan forgiveness. Congress has not been very successful at restoring common sense using their powers. Although they have tried moving CRAs on a slew of issues, without a majority of Republicans in the Senate, overturning these rules is nearly impossible.
The House of Representatives is building upon the Loper decision by requiring federal agencies to be more transparent. By voice vote, House members passed the Guidance Out of Darkness “GOOD” Act (H.R. 890) on Monday. Chair of the House Committee on Oversight and Accountability and sponsor of the bill James Comer (R-KY) stated:
Behind closed doors, federal bureaucrats have often pushed unfair and burdensome interpretations of laws and regulations on the American people. To make matters even worse, Americans often struggle to comply with the law because just accessing and locating regulatory guidance documents can be nearly impossible. My legislation, the Guidance Out of Darkness Act, rights this wrong by requiring federal agencies to centrally publish guidance in an easily accessible, online location. Laws shouldn’t be implemented based on guidance that’s kept in the dark. This simple solution would greatly increase transparency and give Americans clarity they deserve.
The vast bipartisan consensus on the GOOD Act gives Senate Majority Leader Chuck Schumer (D-NY) no excuse to ignore the bill. Clearly, this is an essential bill to inform the American people of how the federal government is affecting their daily lives.
We hope that the Loper decision will result in relief to Americans from the burden and cost of heavy-handed regulations. Big corporations, small businesses, families and individuals are negatively affected when government becomes too big, takes away liberties, and does it all in secret. We need to elect an Administration that will prioritize reducing the regulatory monster and returning freedom to consumers and businesses alike.