Chevron, Osha The Occupational Safety Health Administration Or Whatever Occupational Health And Safety Administration, Osha discussed on The Erick Erickson Show

Automatic TRANSCRIPT

And and let me just review this real quick for those who weren't here the first hour Let me review just really quickly The legal issue with joe biden's vaccine mandate before i get into this hour now. The political issue on the legal side of things Congress established osha the occupational safety health administration or whatever occupational health and safety administration. It is a federal agency under the executive branch that congress established to oversee workplace environments and safety there are and these guys l. osha employees tend to be would be despots. Anyone who's ever dealt with osha will tell you. They tend to be the worst of the worst federal bureaucrat They are invasive they are bullying they are inept they don't care and so joe. Biden is empowering one of the most intrusive federal agencies even more so than the irs degree To oversee vaccine mandates and essentially. You must either be vaccinated or tested constantly About covert take your pick and in so doing. There is a question as to whether or not osha has the power under it the legislation that chartered them into being. Do they really have the power to do that. Now there is a legal case called chevron and the chevron standard Let me see if i can actually pull up the chevron standard for all this the chevron doctrine i e. Yeah lemme lemme. Lemme let me do this. I'm going to read this. Because it probably will make more sensitive metrics when in my awards chevron differences doctrine of judicial deference that compels judicial courts in review it a federal government agencies actions to defer to the agency's construction of a statute that congress directed the agency to administer the original to ship step chevron process was outlined in the case chevron usa versus natural resources. Defense council inc the nineteen eighty-four ruling provided federal courts with the following two step process. The court must determine whether congress expressed intent in the statute and if so whether or not the statute's intent is ambiguous and then extending the agency's reasonable construction of the statute of course must assess whether the decision of congress leave an ambiguity or fail to include express language. Specific point was done explicitly or implicitly. Now what does this actually mean in the real world. It means that win. Congress creates a federal agency the legislation that creates those agencies tinged to be volume voluminous volume ass- and convoluted and very ambiguous and so win. There is ambiguity in the creation of a federal agency under the chevron tests courts defer to the agency to make sense of the ambiguities. Not the courts to make sense of the ambiguities for a very very very long time. There has been a growing argument that you can't do this. In two thousand one. In the case of united states versus mead corporation the supreme court reined in the chevron step arraigned in the chevron deference and essentially said a federal court must determine whether or not congress intended for agencies or courts to possess interpretive authority in most cases that in of itself is ambiguous..

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