Monday, May 1, 2023

"How a group of herring fishermen may get the Supreme Court to reel in government power"

I'm telling you there is something about food stories that triggers something a little bit whack deep inside headline writers. Much earlier today we saw this at Bloomberg: "Japanese Scientists’ Potentially Egg-cellent New Breakthrough."

From USA Today, May 1:

WASHINGTON – Space is tight on the small boats that trawl the Atlantic in search of herring. Something else that's in short supply aboard: patience with the federal government

Since 1976, federal inspectors have been allowed to join the five- or six-member crews fishing off the East Coast to ensure they follow regulations – an "enormous imposition," according to the fisherman. But starting in 2020, the government went a step further, requiring the industry to pay the salaries of the observers they take on. 

Four family-owned fisheries sued the Commerce Department three years ago over that requirement. The Supreme Court announced Monday that it will decide their appeal – weighing into a dispute that could have consequences that reach far beyond seafood, affecting the power other federal agencies have to regulate.  

While the case is focused on the fishing industry, the implications are vast and represent a major catch for conservatives who for decades have sought to limit the power of the "administrative state." Depending on how the Supreme Court rules, the decision could affect every facet of the federal government's ability to regulate pollution, the internet, gun accessories and even how Americans respond to the next global pandemic.

What the herring fishermen are saying about their fight with the government

  • What's at stake in a major Supreme Court case about herring fishermen?  To require the fisherman to pay the inspectors' salaries, the government relies on a section of a 1976 law that gives the National Marine Fisheries Service power to impose regulations that are "necessary and appropriate" to manage the species. 
  • For decades, conservatives, in particular, have been trying to limit the government's power to impose regulations based on similarly vague language. A ruling for the fishermen could lead to successful challenges of other regulations dealing with the environment, guns and how the U.S. responds to the next pandemic.
  • The Supreme Court will likely hear arguments in the case, Loper Bright Enterprises v. Raimondo, in the next term that begins this fall. A decision may not come until next year.... 

....MUCH MORE 

The writer does a first-rate job pointing up the issues of the Executive Branch and their agencies: also known as Leviathan* or the Administrative State and how the current court is attempting to delineate where Congressional delegation of their power becomes abdication.

This has been something to be aware of for going on a year, since the EPA/CO2 decision last July.

We most recently brought the topic up in April "Is the Securities and Exchange Commission Unconstitutional?"
There was a purpose behind all our blather about dismantling the Administrative State last year. If interested see after the jump....
—Thomas Hobbes, 1651