Greg Reese Podcast—Recent Key Decisions of the Supreme Court
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About the Author—Professor Ellis Washington, J.D.—I went to Harvard Law School for 1 year (1988-89) with future POTUS Barack Hussein Obama, (b. 1960 – d. 09/29/2019), but I took the opposite path in Life—New World Order, Communism, Treason, Pedophilia and Satanic Ritual Abuse vs. Christianity, Conservatism, Protecting the Children & TRUMPism. I repeatedly refused to take the “Satan OATH” which is why I’ve been blacklisted since 1989 – for over 35 years—for my entire legal and academic career, yet I Fight on! Why? To avenge Harvard University’s original 1692 motto—Veritas pro Christo et Ecclesia {= Truth for Christ and the Church}. How do We the People escape the 150-year Rothschild Chattel Slavery systems (e.g., Birth certificates, Death certificates, Social Security numbers bought, sold and trading people’s identities like animals on Wall Street) and Rothschild Debt Slavery systems (e.g., IRS, Income Taxes, Death Taxes, Fiat or Counterfeit currency not based on Gold or Silver, but based on NOTHING! Cui bono?– Who benefits? Why are all national currencies of the world promiscuously printed at will by the Rothschild Central Bankers? Is it to fund perpetual False Flag Wars while keeping the entire world enslaved inside an existential – Birth-School-Labor-Taxes-Debts-Retirement-Death cycle of the Rothschild Khazarian Mafia Matrix (1871-2021)? Further answers can be learned by reading, studying and sharing the Truth of my Critical Thinking blog that has just surpassed 24 million views@ EllisWashingtonReport.com and on Facebook, Twitter/X— #JesusIsGod (Isaiah 9:6) #DCActof1871 |
For unto us a child is born [= JESUS], unto us a son is given [= CHRIST]: and the government shall be upon his shoulder: and his name shall be called Wonderful, Counsellor, The mighty God, The everlasting Father [Jesus = GOD], The Prince of Peace.
~ Isaiah 9:6 (740-700 B.C.)
[Morpheus to Neo:] Everything they told you was a Lie.
~ The Matrix Movie, Part I (1999)
You have been lied to all of your life. History has been a [Big] Lie created by the [Rothschild Khazarian] Cabal for thousands of years for Control.
No matter our Race, Color, Religion, or Creed, We are One America.
~ President Donald J. Trump
A. Prologue—World Economic Forum’s “Great Reset” = Communism 2.0 (e.g., Globalism, One World Government, Satanic “New World Order”)
George Bernard Shaw (1856-1950), the famous Irish-English playwright famously stated that – “The more things change, the more they stay the same.” In today’s dystopian times to me that means that America’s intelligence agencies – particularly Homeland Security, NSA, CIA (formerly the OSS), FBI, but also so-called law enforcement agencies like the Department of Justice (DOJ), FEMA, and the Drug Enforcement Administration (DEA) – have for over 100 years used “False Flag Wars” i.e., democidal and genocidal tactics against the American people. Why? To control the masses, to control the narrative and especially to control Reality by keeping We the People enslaved inside of a false construct or Matrix – a perverted existence of Reality called “Culture” and “Society.”
*N.B.: That these “Black-Ops” or “Off-the-Books” intelligence operations and programs cited above are all still operable in society TO THIS DAY! For example, one of many, many CIA, FBI, NSA operations launched to control, enslave, and kill We the People is called, “Project MK-Ultra” (1953-73). Wikipedia has this article on Project MK-Ultra—
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Project MKUltra[a][b] was an illegal human experimentation program designed and undertaken by the U.S. Central Intelligence Agency (CIA) and intended to develop procedures and identify drugs that could be used during interrogations to weaken people and force confessions through brainwashing and psychological torture.[1][2] It began in 1953 and was halted in 1973. MKUltra used numerous methods to manipulate its subjects’ mental states and brain functions, such as the covert administration of high doses of psychoactive drugs (especially LSD) and other chemicals without the subjects’ consent, electroshocks,[3] hypnosis,[4][5] sensory deprivation, isolation, verbal and sexual abuse, and other forms of torture.[6][7] |
*N.B.: Project MKUltra, like virtually all CIA “Projects” and “Operations” remain operative to this day functioning as ‘off the books’ or ‘Black-Ops’ Black Operations directly and unconstitutionally against the American people. President Donald J. Trump and the White Hate Military Intelligence Alliance has been working tirelessly behind the scenes for decades (counterintelligence operation originally going back to 1860 and the election of President Abraham Lincoln) to expose, deconstruct and destroy the Deep State traitors, their corrupt institutions and to restore America’s Constitutional Republic.
ALWAYS REMEMBER! – Most of what you call “History” is a philosophical or sociological Construct, a BIG LIE!For example, German Nazi Leader, Adolph Hitler did NOT commit suicide near the end of World War II on April 30, 1945 – Hitler (and tens of thousands of high-ranking Nazi Officers) came back home to the Americas (Argentina, Columbia, Venezuela) including North America (Canada, America) where they rule over all nations and institutions TO THIS DAY!
Remember those original “1,600” Nazi Scientists and Doctors brought from Nazi Germany to America in Operation Paperclip according to Wikipedia and conventional propaganda new sources? This is not true. From my research and the research of other iconoclastic scholars like Dr. Jerome Corsi (See, Hunting Hitler: New Scientific Evidence that Hitler Escaped Nazi Germany, 2009). In reality Nazi immigration and relocation back to the Americas was perhaps over 10Xs more (16,000-20,000). This shocking insight begs the question: What else did these tens of thousands Nazi officers, teacher, physicists, professors, engineers, doctors, lawyers and scientists do besides build our NASA program? They had girlfriends, wives, they had many, many, many babies over the past 80 years. RESULT: Understand that today in 2024 that We the People are under the control and authority of these tens of thousands of Nazi émigrés who were given all of the most coveted, affluent, laudatory positions in American society. Who do you think the Deep State is made of if not Nazi émigrés controlling every aspect and institutions of society?
These tens of thousands of Nazi émigrés were appointed judges, justices, lawyers, doctors, engineers, CEOs of all the top Fortune 500 corporations, even POTUS, deans, presidents, professors of our most elitist Ivy-League and Public Ivy League schools like Harvard, Yale, Princeton, Cornell, Columbia, MIT, Northwestern, CAL Tech, Stanford, University of Chicago, University of Michigan, University of Texas – where they influenced and perverted the minds of generations and generations and generations of American students over the past 80 years… even to THIS DAY. *N.B.: Lebensborn (literally: “Fount of Life”) was a secret, SS-initiated, state-registered association in Nazi Germany with the stated goal of increasing the number of children born who met the Nazi standards of “racially pure” and “healthy” Aryans, based on Nazi eugenics (also called “racial hygiene” by some eugenicists).
For further readings see, Nazi Lebensborn Program and my comprehensive law review article on the politics and historical extent of the Lebensborn Program in, Social Darwinism in Nazi Family and Inheritance Law (2011).
*N.B.: FIGURES 3 & 4. Leading document in declassified FBI files reporting sightings on Hitler in Argentina. FBI Vault. Quotes from document: “[blank] reports contact with [blank]. Claims to have aided six top Argentina officials in hiding Adolf Hitler upon his landing by submarine in Argentina.”; “According to [blank] he was one of four men who met Hitler and his party when they landed from two submarines in Argentina approximately two and half weeks after the fall of Berlin.”; “INFORMATION OBTAINED BY [BLANK] FROM [BLANK] UNABLE TO BE VERIFIED…”
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OPERATION PAPERCLIP – [Wikipedia] was a secret program of the Joint Intelligence Objectives Agency (JIOA) largely carried out by special agents of Army CIC, in which more than 1,600 German scientists, engineers, and technicians, such as Wernher von Braun and his V-2 rocket team, were taken from Germany to the United States, for U.S. government employment, primarily between 1945 and 1959. Many were former members, and some were former leaders of the Nazi Party. |
Facsimile of FBI letter and transcript posted at Hitler’s mad dash to South America. A conspiracy over 150 years in the making. (See, Albert Pike’s 1871 letter to Illuminati leader, Giuseppe Mazzini accurately predicting World War I, II and III). We the People (and the entire world) have been enslaved inside of a man-made, artificial Construct Hollywood called ‘The Matrix’ in the 1999 movie by that same name. We the People (perhaps since the Garden of Eden) have been involuntary slaves of an intergalactic, reptilian, alien movie, a ‘reality’ we had no idea existed. In other words, We the People have been mere unwitting puppets manipulated and controlled behind the scenes by a small cabal of uber-rich, psychopathic maniacs who openly worship Satan as their god to whom they perform Satanic rituals to by drinking the adrenalized blood and eating the flesh of innocent babies and children. The Satanic New World Order’s mission is to destroy us because Satan hates the fact that we were created in the image of God, which he and his demonic legions of course are not.
That revelatory quote above by CIA official John Stockwell exposes important and critical Deep State and New World Order’s tactics and strategies used for decades. Democidal missions, projects, operations, or Nazi Weltanschauung (Worldview) against America and the world – about “…how the very problem that was started by the Khazarians also had a solution provided by them…” This brings to mind evil ideas of the New World Order, e.g., Trotsky’s “Perpetual War” and Hegelian Dialectic as proven and effective tactics and stratagems used for thousands of years which the Rothschild Khazarian Mafia adopted and transfigured into demonic statecraft by their agent philosophers – Niccolo Machiavelli (1469-1527)(“The end justifies the means”; “It is better to be feared than loved, if you can’t be both”; “Men rise from one ambition to another: first, they seek to secure themselves against attack, and then they attack others”). And the infamous German philosopher responsible for creating a systematic perversion of Law and History, Religion and Societal Morality, Truth and Reality – Georg Wilhelm Friedrich Hegel (1770-1831)(“War is progress, Peace is stagnation”; “To be independent of public opinion is the first formal condition of achieving anything great”) – using his so-called Hegelian Dialectic [New World Order “Agenda”] = Thesis – Antithesis – Synthesis or Problem – Reaction – [Final] Solution –
*N.B.: Thus, as one meme stated – “Hegelian Dialectic is a framework for guiding thoughts and actions into conflicts that lead to synthetic solutions which can only be introduced once those being manipulated take a side that will advance the pre-determined Agenda or CONTROLLED OPPOSITION = PROBLEM—REACTION—[FINAL] SOLUTION.”
Think about all the World’s woes since the biblical Adam and Eve first encountered Satan in the Garden of Eden violating God’s laws and thus fell into sin according to the Book of Genesis 2:4-3:24—World Wars, Slavery, Famine, Poverty, Disease, Pandemics, Societal chaos, Race Wars, False Flags to foment perpetual wars, Democide, Nation Balkanization, Chattel-Slavery, Debt-Slavery, Great Depressions, Satanic Ritual Abuse (SRA), Abortion, Child abuse, Eugenics, Ethnic Slavery, Disinformation, Miseducation, etc. . . Under the Rothschild-Illuminati-Hegelian Dialectic ALL Reality is an artificial construct, or as Hegel famously declared, “Reality is a historical process” that is History (thus ‘Reality’) is always manipulated behind public view by psychopathic, sinister, Satanic forces.
Gleichschaltung –“Consolidation. All of the German Volk’s social, political, and cultural organizations to be controlled and run according to Nazi ideology and policy. All opposition to be eliminated.”
~ Robert Michael, Karin Doerr[8]
In other words, the world you know is not really “Real” in any normal, rational or eternal sense of the word, but Reality is a version of a grand diabolical Construct – a Geopolitical Matrix Slavery orchestrated by the Rothschild Khazarian Mafia in one form or another over the past 2,000 years (perhaps as much as 6,000 years ago to the Garden of Eden [e.g., from the “beginning”]) to steal our Liberty and to enslave the world. Throughout all societal institutions, the Khazarian Mafia has built this Grand Illusion based not on Reality but Construct ideas and perverted, Satanic Man-made institutions created to support what the Nazis called Weltanschauung (Nazi Worldview) and Gleichschaltung (lit. “coordination”, “synchronization”, “forcing together”, “Nazification of State and Society”, i.e., One-World Government, New World Order) based on systemic Perversion and Delusion, Narcissism and Nihilism, Communism and Perpetual Chattel/Debt-Slavery.
*N.B.: The two statements above are emblematic of a Zionism Weltanschauung (e.g., Nazi worldview) then and now which world domination through a “One World Government” or a Satanic New World Order will be finally achieved through a series of False Flag Wars, systematic, Machiavellian tactics and strategies collectively referred to in Nazi philosophy and propaganda as Gleichschaltung—the consolidation or forcing together of all political, educational and cultural institutions. Also note that both statements in the memes above contain the underpinnings of “Perpetual War” (Trotsky philosophy) to achieve the evil, democidal objectives of Zionism, Socialism and Globalism.
*N.B.: For more information, see article post, Consolidation of Nazi Power – Gleichschaltung of fronts and party organizations. These Nazi tactics and strategies of Consolidation, Coordination and Forcing together is exactly the evil plan Zionists have long had to deconstruct and destroy America from the inside out and aptly reported below by Benjamin Fulford and Greg Reese in the transcript below. Thus, Hegelian Dialectic, Marxian Dialectic, Machiavellian Dialectic, Chaos Theory (aka “Ordo ab Chao”), Illuminati, Freemasons, Skull and Bones, are all forms of Game Theory.
WHY DID Q TELL YOU THAT ISRAEL WAS SAVED FOR LAST? BENJAMIN FULFORD:
https://t.me/BenjaminFulfordJ
Short Historical Background of Zionism vs. The Real Jews
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The reason is Israel is the KEY to bringing down the global Deep State. This isn’t anti-Semitism. I’m referring to the Khazarian Jews – the fake northern European Khazars who stole the identity of real Jewish people and created the Rothschilds and Rockefellers who came from South Germany where they created the Illuminati in 1776. They took control of the local governments and financed the trains and public roads and created the ROTHSCHILD’S banking systems through Europe. They helped JP Morgan take over the U.S. banking system after the Titanic killed the biggest U S. Bankers and richest tycoons who were against creating a Federal Reserve controlled by the ELITES (Khazarians, the Fake Ashken NAZI Jews, who made a deal with the Roman Empire and bought of the Jewish Leaders to become into Judaism and name themselves Jews.) · To this day the elite families of Khazarian descendants control Israel (it was Khazarians who created Rothchilds banking). They then created the WORLD WARS to install governments and loan money for wars and created 70% European laws through war and propaganda. To this day the Globalist Khazarians run Israel and created the United Nations and took over countries and governments. · The U.S. government and most Democrats and Republicans are run by the Khazarian Fake Jews. · This is why Q told you Israel is saved for last. We are taking down the fake Jewish sector that intertwined with the real Jews. The real Jews are also fighting against the fake Jews Zionist Khazarians. |
Prologue—To the Supreme Court 2023-24 Term and how these Cases can affect the 2024 Presidential Elections, American Politics and the Future of the World
Amy Howe, writer for the influential SCOTUSBlog.com, wrote about the end of the SCOTUS term in an article titled,“Roberts court hands major wins to Trump, conservative movement in 2023-24 term”. Since the Greg Reese Podcast discusses this recent SCOTUS term also, I thought it would be a good idea to combine my analysis of the two writers, while adding my own commentary and analysis regarding the future implications of these landmark Supreme Court decisions, particularly as they relate to President Donald Trump and his ongoing battles with the Democrat Socialist Party to turn America from a Republic to a Totalitarian Dictatorship.
Howe continues that, “Former President Donald Trump loomed large over the Supreme Court’s 2023-24 term. The presumptive Republican presidential nominee for 2024 brought two cases to the justices and fared well in both; Trump could also benefit from the decision in a third case, brought by a defendant charged in the Jan. 6 attacks on the U.S. Capitol.” She further commented, “But more broadly, the three justices that Trump nominated during his time in office cemented a 6-3 conservative majority that pushed the court further to the right not only in embracing a broad view of presidential immunity, but also on an array of other topics – most notably, reducing the power of federal agencies, a long-favored target of conservative lawyers and legal scholars.”
The Trump docket
Time is running out! ! ! – Not for Trump but for the Grand Treachery Writ Large of the Democrat Socialist Party who seems hellbent on using 24/7 Media Propaganda and unconstitutional Lawfare as a pretext to using one of the following Hobson’s choices of stealing the 2024 election just like they thought they did when the Democrats stole the 2020 election –
1) Force Trump into bankruptcy and ignominy using 24/7 propaganda lies by the Rothschild Khazarian Mafia Mainstream Media,
2) Force Trump to drop out of the presidential race based multiple fraudulent cases brought against him based on Lawfare and Malicious Prosecution to divert his time, money and efforts;
3) Force Trump into a long prison term for “campaign interference” (ironically the very charge that Trump and most rational adults are blaming the Democrats for engaging in, e.g., Freudian Psychological Projection).
Howe writes, “Even before the Supreme Court issued its July 1 decision holding that former presidents cannot face criminal liability for their official acts, Trump had already effectively scored a major victory from the justices. Trump’s trial on charges that he conspired to overturn the results of the 2020 election had been scheduled to begin on March 4, 2024.” Nevertheless, the clock is ticking in Trump’s favor. We are celebrating America’s #248th birthday for Independence Day and the 2024 presidential election date is Nov. 5, 2024 (just 4 months later). The reason I say that time is on Trump’s side is because the more Trump can delay these six or so Lawfare cases unjustly lodged against him in Florida, D.C. New York, Arizona and the 2 cases in New York, the more sleepy minded people are waking up, the more likely the court will not want to be viewed as “interfering with a presidential election” via the court system, leading to the likelihood that all six court cases against Trump will be postponed to after the presidential election, even to early 2025!
Finally, Howe concludes, “The court’s decision to take up Trump’s appeal of a ruling by a federal appeals court rejecting his claim to immunity, along with the justices’ decision to hold oral arguments two months later (with a decision to follow just over two months after that), put the trial on hold indefinitely, all of which increased the likelihood that it will not happen before the November elections.”
Greg Reese Podcast – Recent Key Decisions of the Supreme Court (July 2, 2024)
In an era of bad news, the US Supreme Court has brought us some good.
https://gregreese.substack.com/
In, Trump v. United States, the Supreme Court ruled that the president and former presidents “may not be prosecuted for exercising core constitutional powers,” and are entitled, “to a presumptive immunity from prosecution for all official acts.” The justices ordered the lower courts to apply this decision to the Donald Trump case being led by Jack Smith.
The 6-3 ruling that came from the court on July 1 made the prospect of any trial even more uncertain. In an opinion by Chief Justice John Roberts, the court held that former presidents will normally enjoy immunity for their official acts. The court left open the possibility that some of the charges against Trump could still go forward if they were based on his private acts, but it generally left the task of drawing those distinctions for the trial court – and in so doing, further reducing the chances that Trump might face trial before the elections.
Roberts explained that allowing criminal charges against a former president might affect his decision-making while he is in office, and he stressed that the justices were drafting a “farsighted” opinion to establish (as Justice Neil Gorsuch put it at the oral argument) “a rule for the ages,” rather than one intended solely to address Trump’s situation.
But the court’s liberal justices pushed back sharply in their dissents. Justice Sonia Sotomayor cautioned that the majority’s decision would sweep expansively, so that “[i]n every use of official power, the President is now a king above the law.” And Justice Ketanji Brown Jackson characterized the “practical consequences” of the ruling as “a five-alarm fire that threatens to consume democratic self-governance and the normal operations of our Government.”
In a line that rang like a theme for the liberal bloc this term, Jackson also noted that with Monday’s decision, “the Court today transfers from the political branches to itself the power to decide when the President can be held accountable.”
Trump prevailed outright earlier this year in his challenge to a ruling by the Colorado Supreme Court that would have allowed him to be removed from the state’s ballot as an insurrectionist because of his role in the Jan. 6 attacks. The justices unanimously agreed that Colorado could not disqualify Trump, citing the prospect of a “patchwork” in which candidates were declared ineligible for the ballot in some states but not others, based on the same conduct. And a five-justice majority went on to declare, in an unsigned opinion, that only Congress can enforce the provision on which Colorado had relied to try to disqualify Trump: Section 3 of the 14th Amendment, which was enacted in the wake of the Civil War.
Four justices – Amy Coney Barrett, writing only for herself, and the court’s three liberal justices – agreed that Colorado could not remove Trump from the ballot, but they contended that the court should not have gone further and weighed on how Section 3 can be enforced.
Barrett’s opinion provided a glimpse into the tensions behind the scenes at the court, as she appeared to criticize the tone of the joint opinion filed by the three liberals. Barrett emphasized that at a time when the court “has settled a politically charged issue in the volatile season of a Presidential election,” the justices should not “amplify disagreement with stridency.” “Writings on the Court should turn the national temperature down, not up.”
In, City of Grants Pass v. Johnson, the enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment. The Supreme Court has ruled that the law which disallows people from sleeping on public streets can be enforced against the homeless population.
In, Fischer v. United States, the Supreme Court has ruled that the key charge used to prosecute and sentence hundreds of Americans for walking through the US Capitol building on January 6th, obstruction of an official proceeding, does not apply. Which likely means freedom for many American political prisoners.
Regarding the case, City of Grants Pass v. Johnson, the fact that that the defendants had the audacity to call basic vagrancy statutes (operable but obviously not enforced in all 50 states) just goes to show how retrograde the Rule of Law has become in year 2024. This case reminds me of a New Jersey case I studied in law school 30 years ago regarding how some hobo Americans insisted on using public facilities as the public library to loiter and lounge around. Their smell at this public venue was so bad that few citizens were able to stand the stench enough to use the library. Below is a legal analysis from PublicLibrariesOnline.org of the two vagrancy cases—
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“Two legal cases provide important precedent in discussing the legality and constitutionality of conduct codes targeted at homeless patrons. The first, Kreimer v. Bureau of Police for Town of Morristown (1992), was brought to the District Court of New Jersey by Richard Kreimer, a homeless man, who sued the public library for violating his First Amendment rights after he was evicted based on his appearance, hygiene, and repeated behavior problems.5 The first issue to be decided by the court was whether the library is a public forum. If the library is a public forum, it cannot, as a governmental entity, condition access to freedom of speech––a constitutional right that applies also to the right to receive information.6 The second issue is whether the language of the conduct code was vague, and hence a violation of the Fourteenth Amendment, which prohibits the government from enforcing conduct standards in an arbitrary or discriminatory way.7 Initially, the court ruled that the library is a public forum that cannot discriminate in providing access to information based on hygiene and “annoying” behavior, standards that are subjective and at risk of being applied in a prejudicial manner.8 However, the Third Circuit Court of Appeals later overturned their decision based on a definition of libraries as a “limited public forum.”9 The classification of the library as a public forum means that the library is open to the public for certain, limited purposes, and the court ruled that libraries do have the right to bar conduct that inhibits other patrons’ ability to utilize the library for these intended purposes.
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IRONY ALERT!—The irony of the cases above is how a stinky, selfish bum can have the money to employ a legal staff to take a case all the way up to the Court of Appeals, but not have the foresight of using $3.00 he bummed from the public to buy a bar of soap to take a shower and put on some deodorant.
The court’s opinion in a third case could further complicate Jack Smith’s prosecution of Trump in Washington, D.C. In Fischer v. United States, the justices narrowed the scope of a federal criminal statute under which hundreds of Jan. 6 defendants – including Trump – were charged. The law makes it a crime to “otherwise obstruct, influence, or impede, any official proceeding.” By a vote of 6-3 (with Jackson joining the majority and Barrett dissenting), the court sent the case back to the lower courts for another look. The law, Roberts reasoned, requires prosecutors to show that a defendant tampered (or attempted to tamper) with physical evidence for use in an official proceeding.
{Transcript} In, Loper Bright Enterprises v. Raimondo, the Supreme Court overturned a 40-year-old case called Chevron Inc. v. Natural Resources Defense Council Inc. that granted radical levels of power to federal agencies. Spike Cohen @RealSpikeCohen explains this case and its importance.
“A family fishing company, Loper Bright Enterprises, was being driven out of business, because they couldn’t afford the seven hundred dollars per day they were being charged by the NMFS, the National Marine Fisheries Service, to monitor their company. The thing is federal law doesn’t authorize the NMFS to charge businesses for this. They just decided to start doing it in 2013. Why did they think they could get away with just charging people without any legal authorization? Because in 1984, in the Chevron decision, the Supreme Court decided that regulatory agencies were the “experts” in their field, and the courts should just defer to their “interpretation” of the law. So, for the past 40 years, federal agencies have been able to “interpret” laws to mean whatever they want, and the courts had to just go with it.
It was called Chevron Deference, and it put bureaucrats in charge of the country.
*N.B.: In short the Chevron deference is the legal test for when U.S. federal courts must defer to a government agency’s interpretation of a law or statute.[1] Since under Constitutional Law, Congress has complete control over the federal bureaucracy, it is Congress that now decides over any federal agency the proper interpretation of a law or statute CONGRESS created. (e.g., Wikipedia)
For a complete explanation of why the Chevron deference from the case, Chevron Inc. v. Natural Resources Defense Council Inc. reversal via the SCOTUS was critical to future case law on the Leviathan administrative law bureaucracy….this 1984 Law was the sole provider in turning our Administrative court system to give the Deep State freedom to ratify laws and changes of laws that effected all in the vaccine mandate issues, amongst many, many other changes in our laws…..without Congress or any other governmental agency having any standing in the Deep State’s decisions.
It’s how OSHA, the Occupational Safety and Health Administration, was able to decide that everyone who worked for a large company had to get the jab or be fired. No law gave them that authority, they just made it up. It’s how the ATF, the Bureau of Alcohol Tobacco Firearms and Explosives, was able to decide a piece of plastic was a “machine gun”. It’s how the USDA’s Natural Resources Conservation Service, the NRCS, is able to decide that a small puddle is a “protected wetland”. It’s how out-of-control agencies have been able to create rules out of thin air, and force you to comply, and the courts had to simply defer to them, because they were the “experts”.
Imagine if your local police could just arrest you, for any reason, and no judge or jury was allowed to determine if you’d actually committed a crime or not. Just off to jail you go. That’s what Chevron Deference was. It was not only blatantly unconstitutional, but it also caused immeasurable harm to everyone. Thankfully, it’s now gone. We haven’t even begun to feel the effects of this decision in the courts. It will be used, for years to come, to roll back federal agencies, and we’ll all be better off for it. And that’s why politicians and corporate media are freaking out about it.”
~Spike Cohen
For further analysis on the Chevron deference see article on Rumor MillNews. Also my son, Stone Washington, who is a Research Fellow with the Competitive Enterprise Institute (CEI) contributed to a very informative news release regarding the Court overturning 40 years of judicial precedent in favor of bureaucratic expert judgment to return the constitutional authority to Congress in the Chevron case titled – Supreme Court Ends Chevron Doctrine that Favored Regulatory Agencies in Court (2024).
Major wins for Conservatives in the “War on the Administrative State”
Howe writes, “Although the court’s “Trump docket” may have had the highest profile, the court’s rulings in a series of cases on the power of federal administrative agencies could ultimately also prove highly consequential. In recent years, the justices had fielded, and rejected, several requests to overturn their landmark 1984 decision in Chevron v. Natural Resources Defense Council, holding that federal courts should generally defer to an agency’s reasonable interpretation of an ambiguous law. But once the court agreed last year to take up a pair of cases involving the same question, it appeared that the court could be poised to abolish the Chevron doctrine.”
In an opinion by Roberts on June 28, the court – again by a vote of 6-3 – did just that. Roberts emphasized that the federal law governing administrative agencies (as well as federal courts’ review of agency actions) requires courts to “decide legal questions by applying their own judgment.” The doctrine of Chevron deference, he reasoned, is inconsistent with that instruction.
Howe continues, “In a dissent joined by her liberal colleagues, Justice Elena Kagan predicted that because the Chevron doctrine was so firmly entrenched in the U.S. legal system, the court’s ruling would lead to a “massive shock.” In particular, she characterized the decision as a judicial power grab that gave federal courts “exclusive power over every open issue … involving the meaning of regulatory law,” even though federal agencies are more likely to have the technical and scientific expertise necessary to make the kinds of decisions that courts will now make.”
Stone’s June 2023 article, “Why Activist securities regulators should worry as Supreme Court revisits Chevron doctrine“, forecasts how the demise of Chevron deference would notably restrain financial regulators.
Stone’s comments regarding the Chevron ruling by the Supreme Court were very revelatory—
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Stone Washington, CEI Research Fellow: “Today marks a historic moment for the Judiciary. With the Supreme Court’s decision in Loper Bright and Relentless, federal judges must no longer abscond their oversight responsibilities by turning a blind eye to controversial administrative regulations. One of the primary obligations of a federal judge is the vigilant examination of agency rulemaking. As eternal guardians of the Constitution, judges must stand ready to overrule agency rulemaking whenever it exceeds the statutory limits prescribed by Congress. This is a fundamental aspect of our system of checks and balances. “In today’s momentous 6-3 opinion, the Court rightfully put an end to the era Chevron deference. As Chief Justice Roberts indicated, judges must now honor the Administrative Procedure Act by holding executive agencies accountable for their actions. Judges must now exercise their independent judgement to assess agency actions, rather than simply deferring to the expertise of the bureaucrats themselves. Today’s decision properly restores the oversight responsibility of independent judges as a necessary check to bureaucratic overreach.” |
Two other important SCOTUS decisions that Greg Reese didn’t include in his analysis due to them being highly technical, yet worthy of judicial review was the Jarkesy case and the Ohio v. EPA case. On the same day as its ruling overturning Chevron, the justices ruled in Securities and Exchange Commission v. Jarkesy that the SEC cannot use in-house proceedings, without a jury, to impose fines in securities-fraud cases. Although the decision came in a dispute involving the SEC, it is likely – as Ronald Mann wrote – to “have a far-reaching impact on dozens of federal administrative agencies that use similar processes.”
In Stone’s newly published article, “The Supreme Court’s Jarkesy Decision Sheds Light on the SEC’s Hidden Advantages“, he explores how the Jarkesy outcome exposes the SEC’s hidden advantages in administrative adjudication.
Stone’s comments in the Competitive Enterprise Institute’s news release regarding the SEC v. Jarkesy (2022) ruling by the Supreme Court was likewise very revelatory—
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“Stone Washington, CEI research fellow and co-author of a report on ALCs: “Today’s Supreme Court ruling was a long-awaited, monumental check against the excessive powers of administrative tribunals. The Jarkesy case represents a critical step toward restoring public accountability over the federal government’s submerged system of adjudication. “In a 6-3 ruling, Justices restored the sacred right to a trial by jury in the SEC’s administrative law court. While the Court refused to address the executive removal and non-delegation issues, restoring the jury trial right is a triumphal outcome. “This decision carries significant implications. The Seventh Amendment’s protections do not simply dissolve whenever someone adjudicates matters within an administrative tribunal. American citizens always retain the right to have their civil cases heard before a jury, whether before an Article III court or within the bounds of an Article II agency court, whenever private rights are at stake. “The Jarkesy case will help litigants seek relief from unfair administrative proceedings in other federal agencies. Other federal agencies impose some burdensome form of civil monetary penalty through their administrative law courts, and people subject to proceedings before those courts also deserve the right to a jury trial, just like George Jarkesy who faced securities fraud charges before the SEC.” |
Finally, two other decisions, while highly technical, also proved important for judicial review of agency actions. In Ohio v. Environmental Protection Agency, the court granted a request by three states and several private companies and trade groups to put a rule issued by the EPA on hold while a challenge to it continues in a federal appeals court. The EPA adopted its Good Neighbor Provision to reduce interstate air pollution from power plants and other industrial facilities in 23 states. But by a vote of 5-4, the court reasoned that the EPA had not adequately explained why the emissions-control measures required by the plan, which assumed that the plan would apply to all 23 states, should still apply even if (as eventually happened) fewer states remained in the plan.
Barrett joined the court’s three liberal justices in dissent, arguing that the ruling “leaves large swaths of upwind States free to keep contributing significantly to their downwind neighbors’ ozone problems for the next several years.”
Greg Reese concluded that, “In an era of bad news, the US Supreme Court has brought us some good tools that we the people can wield to work on restoring America.” Let We the People hope and pray that our sacred Republic will soon be restored to America by President Donald J. Trump and his Military Intelligence White Hat Alliance.
Happy Independence Day!
Category: Commentary
