Lawmakers put federal agencies on notice after end to Chevron deference
A coalition of lawmakers are putting federal agencies on notice after the U.S. Supreme Court ruling that overturned “Chevron deference” and as a result, significantly limited their power.
House Oversight Chair James Comer, R-Ky., has helped lead the effort, but the relevant committee chairs with oversight of the federal government, have signed on to similar letters.
“This long-needed reversal should stem the vast tide of federal agencies’ overreach,” Comer said in his letters to the federal government. “Given the Biden administration’s track record, however, I am compelled to underscore the implications of Loper Bright and remind you of the limitations it has set on your authority.”
The push comes on the heels of the Supreme Court overturning part of Loper Bright Enterprises v. Raimondo and thereby putting an end to “Chevron deference,” a previous legal policy that gave broad license to federal bureaucrats to interpret and enforce laws passed by Congress as they saw fit.
In that vein, House lawmakers held a hearing Wednesday for oversight of the Environmental Protection Agency, the first in what is likely a new era of EPA oversight after the major Supreme Court ruling.
President Joe Biden’s EPA has pushed out a few particularly aggressive regulations that have drawn pushback.
Among those are WOTUS, an Obama-era rule that classified even tiny bodies of water as under federal jurisdiction.
More recently, the EPA’s tailpipe emissions standards are under fire, mainly because they will likely force a nationwide transition from gas to hybrid or electric vehicles in just a few years.
“EPA’s largest regulations, such as the tailpipe emissions rules for light-, medium- and heavy-duty vehicles, have been estimated to cost nearly $900 billion to implement,” Comer said at the hearing Wednesday. “Those rules require automakers to completely redesign their operations to produce more electric vehicles – regardless of what consumers are demanding in the actual marketplace.”
Now, that era has likely come to an end.
“The Supreme Court decision has put policy making back into the hands of the Congress where it belongs, and unelected bureaucrats can no longer weaponize their authority to enact their own personal agenda,” Daniel Turner, executive director of the energy workers advocacy group, Power the Future, told The Center Square. “Industry for decades has been chocked by ever-changing regulations with penalties and fines and even criminal prosecution, all whims of the bureaucrat in charge. The American people are sick and tired of big government, and agencies like the EPA are back under the purview of the Congress and not some green billionaire whose think tank feeds the Administrator’s team with propaganda and lies.”
But the EPA is just one of many agencies facing a Congressional effort to undo years of federal rulemaking.
Comer noted that he has also joined lawmakers in sending letters to an array of agencies that face a similar review, including:
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The establishment media called it a racist myth, but is it?
Donald Trump shocked audiences at this week’s presidential debate with the claim that foreign migrants were eating household pets in Springfield, Ohio, a small town currently reeling under the strain of an unprecedented number of new arrivals, mostly from Haiti. “They’re eating the dogs,” Trump said. “They’re eating the cats.”
Reactions on both sides were spirited. Conservative social media accounts created memes that portrayed Trump, dressed in camouflage, and toting heavy weapons, as the savior of innocent pets. There was even a viral TikTok trend, which chopped up Trump’s speech and set it to dance music. “They’re eating the dogs, they’re eating cats,” the music thumped. “Eat the cat! Eat, eat the cat!”
The establishment media was not amused. During the debate, ABC’s David Muir dismissed Trump’s rhetoric with his version of a fact check, citing the Springfield city manager’s statement that “there have been no credible reports of specific claims of pets being harmed, injured, or abused by individuals within the immigrant community.” Other publications went further, blasting the former president for spreading a “racist smear,” a “century-old stereotype,” and a “cat-eating conspiracy theory.”
So, is there any truth to the charge? We have conducted an exclusive investigation that reveals that, yes, in fact, some migrants in Ohio appear to have been “eating the cats,” though not exactly in the manner that Trump described.
Our investigation begins in a run-down neighborhood of Dayton, Ohio, the closest major city to Springfield, about a half-hour’s drive away. We identified a social media post, dated August 25, 2023, with a short video depicting what appear to be two skinned cats on top of a blue barbeque. “Yoooo the Africans wildn on Parkwood,” reads the text, referring to Parkwood Drive. The video then pans down to two live cats walking across the grass in front of a run-down fence, with a voice on the video warning: “There go a cat right there. His ass better get missin’, man. Look like his homies on the grill!”
We spoke with the author of the video, who asked to remain anonymous but confirmed its time, location, and authenticity. He told us that he was picking up his son last summer, when he noticed the unusual situation. “It was some Africans that stay right next door to my kid’s mother,” he said. “This African dude next door had the damn cat on the grill.”
We then identified the home by matching it to the visuals in the video and cross-referencing it with the eyewitness. When we knocked on the door of the first unit, a family answered, telling us they were from the Democratic Republic of the Congo and that all of the surrounding units were occupied by other African migrants.
One of the residents told us that her former neighbors, also from Africa, had lived in the adjacent unit until last month. They had a blue grill and the father would find meat in the neighborhood. “Her dad was going to find meat,” she said. “Her dad was going, holding a knife.” The current residents also showed us a blue grill of the same make and model as in the video, which the former neighbors had abandoned after they moved out. There were at least ten cats wandering around the complex and another resident complained that they were breeding on the property.
According to the original witness, whose son was friendly with the neighbors, there was no doubt about what happened last summer. “They was barbecuing the damn cat!” he said. His son’s mother had previously witnessed the family butchering a mammal on the street, but the cats on the barbecue put him in such a state of shock, he felt the need to film it.
To be clear: this single incident does not confirm the particularities of Trump’s statement. The town is Dayton, not Springfield; cats alone were on the grill, not cats and dogs. But it does break the general narrative peddled by the establishment media and its “fact checkers,” who insisted that this has never happened, and that any suggestion otherwise is somehow an expression of racism.
It takes only a single exception, however, to falsify a hypothesis, and the logical next step, for any honest broker, is to ask if it is happening more often, and elsewhere. It is not implausible. Many developing nations, including the Congo and Haiti, have traditions of animal sacrifice or consumption of what Americans would consider household pets. And if this occurred in Dayton, where the migrant population is relatively small, it could be going on down the road in Springfield, where it is relatively much larger.
Independent journalists are already on the hunt and could reveal more. The Daily Wire has dispatched a reporter to Springfield to investigate. The Federalist has published a police report with allegations that a group of Haitians emerged from a city trail with dead geese in hand. Ohio’s attorney general, Dave Yost, has backed up this claim, arguing that citizens with such firsthand knowledge “would be competent witnesses in court.”
There is a legitimate debate to be had about migration and culture. All immigrants bring with them a particular tradition, which, in the case of countries such as Haiti and the Congo, can include practices that many Americans find disturbing. This cultural divide causes understandable consternation for non-migrants living in the rougher parts of places like Dayton and Springfield. They don’t enjoy the luxury of many in the establishment media, who can maintain a safe distance, condescending to those who raise the alarm while not even bothering to investigate anything themselves.
These revelations do not mean that assimilation is impossible, but the establishment will need to engage in a more honest debate, rather than simply smearing critics as racists and conspiracy theorists. One can make the case for migration, but one cannot, at the same time, deny that it comes with costs—which, in this case, seem to include a pair of flayed cats on a blue barbeque in Dayton, Ohio.
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There is a lack of public comment and debate about Kamala Harris’s call for price controls on groceries and rents, the most stunning and frightening policy proposal made in my lifetime.
Immediately, of course, people will reply that she is not for price controls as such. It is only a limit on “gouging” (which she variously calls “gauging”) on grocery prices. As for rents, it’s only for larger-scale corporations with many units.
This is nonsense. If there really are national price-gouging police running around, every single seller of groceries, from small convenience stores to farmers’ markets to chain stores, will be vulnerable. No one wants the investigation so they will comply with de facto controls. No one knows for sure what gouging is.
As for rental units, the only result will be fewer amenities, new charges, new fees for what used to be free, less service, and a dramatically reduced incentive to build new units. That will only lead to a pretext for more subsidies, more public housing, and more government provision generally. We have experience with that and it is not good.
The next step is nationalizing housing and rationing of groceries because there will be ever fewer available.
The more the betting odds favor Kamala, the stronger the incentive to raise prices as high as possible now in anticipation of price controls come next year. That will provide even more seeming evidence for the need for more controls and a genuine crackdown.
Price controls lead to shortages of anything they touch, especially in inflationary times. With the Federal Reserve seemingly on the verge of cutting rates for no good reason – rates are very low in real terms by any historical standard – we might see wave two of inflation later next year.
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Next time, however, merchants will not be in a position to respond rationally. Instead, they will confront federal price investigators and prosecutors.
Kamala is wrong that this will be the “first-ever” ban on price gouging. We had that in World War II, along with rationing tickets on meat, animal fats, foil, sugar, flour, foil, coffee, and more. It was a time of extreme austerity, and people put up with it because they believed it was saving resources for the war effort. It was enforced the same as we saw with covid lockdowns: a huge network enlisting state and local institutions, media, and private zealots ready to rat out the rebels.
Franklin Roosevelt issued Executive Order 8875 on August 28, 1941. It claimed broad powers to manage all production and consumption in the US. On January 30, 1942, the Emergency Price Control Act granted the Office of Price Administration (OPA) the authority to set price limits and ration food and other commodities. Products were added as shortages intensified.
And yes, all of this was heavily enforced.
In case you are doing the math, that’s a $200,000 fine today for noncompliance. In other words, this was very serious and highly coercive.
Technology limited enforcement, however, and black markets sprung up everywhere. The so-called Meatleggers were the most famous and most demonized by government propaganda.
What happens when the government restricts meat consumption?
During World War II, food rationing led to significant changes in consumption habits in the United States.
Adults and children over 12 were limited to 2 lbs of meat per week, which was monitored through rationing… pic.twitter.com/goCU1FGMnD
In a nation with more agriculture in demographic proximity, people relied on local farmers and various methods of bartering goods and services.
Years went by and somehow people got through it but production for civilian purposes came to a near standstill. The GDP for the period looked like growth but the reality was a continuation and intensification of the Great Depression that began more than a decade earlier.
There are fewer people alive now that recall these days but I’ve known some. They adopted habits of extreme conservation. I once had a neighbor who simply could not bear to throw away tin-foil pie pans because she had lived through rationing. After she died, her kids discovered her vast collection and it shocked them. She was not crazy, just traumatized.
How would such a thing transpire today? Look at the program SNAP, the new name for food stamps. For those who qualify, the money goes into a special account managed by the federal government. The recipient is sent an EBT (Electronic Benefits Transfer) card, which is used like a credit card in stores. It costs taxpayers some $114 billion a year, and works out as a huge subsidy to Big Agriculture, which is why the program is administered by the Department of Agriculture.
Transitioning that program to the general population would not be difficult. It would be a simple matter of expansion of eligibility. As shortages grow, so too could the program until the entire population would be on it and it would be mandatory. It could also be converted into a mobile app instead of a piece of plastic as a fraud-prevention measure. With everyone carrying cell phones, this would be an easy step.
And where could people spend the money? Only at participating institutions. Would non-participation institutions be entitled to sell food, for example, at local farmers’ co-ops? Maybe at first but that’s before the media demonization campaigns come along to decry the rich who are eating more than their fair share and the sellers who are exploiting the national emergency.
You can sell how this all unfolds, and none of it is implausible. Only a few years ago, governments around the country canceled gatherings for religious holidays, limited the numbers of people who could gather in homes, and banned public weddings and funerals. If they can do that, they can do anything, including the rationing of all food.
The program that Harris has proposed is not like other matters that she has flip-flopped on. She is serious and repeats it. She spoke about it even during the debate with Trump but there was no followup or critique of the scheme offered. Nor does such a crazy plan require some legislation and a vote by Congress. It could come in the form of an executive order. Yes, it would be tested by the Supreme Court but, if recent history holds, the program would be long in effect before the Court weighed in. Nor is it clear how it would rule.
The Supreme Court in 1942 heard the case of Albert Yakus, a Boston-based meat seller who was criminally prosecuted for violating the wholesale beef price ceiling. In Yakus vs. United States, the Supreme Court ruled for the government and against the meat-selling criminal. That’s the existing precedent.
Nor does all this have to unfold immediately following the inauguration. It can happen as matters become ever worse following anti-gouging edicts and when inflation worsens. After all, a presidency that believes in central planning and forced economic austerity would last a full four years, and the coercion could grow month after month until we have comprehensively enforced deprivation by the end, and no one remembers what it was like to buy groceries at market prices with their own money.
I wish I could say that this is an outlandish and fear-mongering warning. It is not. It is a very realistic scenario based on repeated statements and promises plus the recent history of government management of the population. There is likely another wave of inflation coming. This time it will meet with a promise to use every coercive power of government to prevent increases in prices on groceries and rents.
What if voters actually understood this? What then?
Keep in mind the main legacy of the Covid years: governments learned the fullness of what they could do under the right circumstances. That’s the worst possible lesson but that is what has stuck. The implications for the future are grim.
Jeffrey Tucker is Founder, Author, and President at Brownstone Institute. He is also Senior Economics Columnist for Epoch Times, author of 10 books, including Life After Lockdown, and many thousands of articles in the scholarly and popular press. He speaks widely on topics of economics, technology, social philosophy, and culture.
