I’ve not been fond of some of the Supreme Court of the United States (SCOTUS) rulings as of late. In particular, I disagree with outcomes in United States v. Rahimi and Murthy v. Missouri. Nevertheless, I can tolerate and accept matters outside of my control and influence.
Still, I’m delighted to discover the outcomes of City of Grants Pass v. Johnson, Fischer v. United States, and Loper Bright Enterprises v. Raimondo. For now, I’ll spare the reader boring details regarding my opinions about all of these cases with exception to the latter decision.
For context, Loper Bright Enterprises v. Raimondo essentially struck down what is commonly known as Chevron deference. Describing the latter ruling, one source states:
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), was a landmark decision of the United States Supreme Court that set forth the legal test for when U.S. federal courts must defer to a government agency’s interpretation of a law or statute. The decision articulated a doctrine known as “Chevron deference”.
Suppose that operating under Chevron deference, administrative (admin) governmental agency X proposes that psychotherapists in the United States (U.S.) must be compelled to validate the irrational beliefs of clients. How might such a decision impact my clinical business?
Being that I practice Rational Emotive Behavior Therapy (REBT), which uses the ABC model – and in particular utilizes disputation of irrational beliefs, deference to authority granted to governmental agency X would mean that I could no longer use REBT in my business.
Such deference isn’t constitutional and arguably never was. Admin governmental agencies aren’t constitutionally allowed to ostensibly draft quasi laws which U.S. citizens are obligated to obey. However, Chevron deference allowed such action.
Now, the separation of power can hopefully return to its intended state of operation. If the Congress chooses to draft a law, the SCOTUS can do its job and interpret the constitutionality of such law if or when the Executive branch doesn’t veto the law and actually enforces it.
For quite some time, many government agencies have debatably taken advantage of Chevron deference. Perhaps most impacting the citizenry are actions taken by intelligence and law enforcement apparatuses.
As an example, imagine the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) determining that a particular firearm is now illegal. Many millions of U.S. citizens could become felons overnight if refusing to relinquish the firearm.
Such action would be a blatant violation of the Second Amendment. However, the ATF has seemingly conducted itself in such a manner for quite some time. Therefore, I applaud that the SCOTUS has now removed this abhorrent mechanism for abuse of power regarding admin governmental agencies.
In any case, concerning her dissent to Loper Bright Enterprises v. Raimondo, Associate Justice of the SCOTUS Elena Kagan wrote that “the majority’s decision today will cause a massive shock to the legal system, ‘cast[ing] doubt on many settled constructions’ of statutes and threatening the interests of many parties who have relied on them for years.” Good!
The U.S. government arguably doesn’t need more power to oppress its citizens. Rather, I’m all for the shocking effects of Loper Bright Enterprises v. Raimondo. This is precisely what justice looks like and I thunderously applaud a massive shock to the legal system which has abused countless people. Bravo!
Perhaps you disagree and would rather grant the U.S. government unconstitutional power. If so, I unconditionally accept that you choose oppression over liberty and freedom. As such, I’m undisturbed by your countervailing belief.
Wait. What’s that sound? Is there a massive shock forthcoming? I hope so!
If you’re looking for a provider who works to help you understand how thinking impacts physical, mental, emotional, and behavioral elements of your life—helping you to sharpen your critical thinking skills, I invite you to reach out today by using the contact widget on my website.
As a psychotherapist, I’m pleased to help people with an assortment of issues ranging from anger (hostility, rage, and aggression) to relational issues, adjustment matters, trauma experience, justice involvement, attention-deficit hyperactivity disorder, anxiety and depression, and other mood or personality-related matters.
At Hollings Therapy, LLC, serving all of Texas, I aim to treat clients with dignity and respect while offering a multi-lensed approach to the practice of psychotherapy and life coaching. My mission includes: Prioritizing the cognitive and emotive needs of clients, an overall reduction in client suffering, and supporting sustainable growth for the clients I serve. Rather than simply helping you to feel better, I want to help you get better!
Deric Hollings, LPC, LCSW
References:
Eduardo. (2024, May 7). Peron anime [Image]. Playground. Retrieved from https://playground.com/post/person-anime-thunder-power-one-life-one-chance--clvwxdgge01hxrji8uxmk6yz6
Hollings, D. (2022, May 17). Circle of concern. Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/post/circle-of-concern
Hollings, D. (2022, March 15). Disclaimer. Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/post/disclaimer
Hollings, D. (2023, September 8). Fair use. Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/post/fair-use
Hollings, D. (2023, October 12). Get better. Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/post/get-better
Hollings, D. (n.d.). Hollings Therapy, LLC [Official website]. Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/
Hollings, D. (2023, May 18). Irrational beliefs. Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/post/irrational-beliefs
Hollings, D. (2023, September 19). Life coaching. Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/post/life-coaching
Hollings, D. (2024, April 22). On disputing. Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/post/on-disputing
Hollings, D. (2024, May 5). Psychotherapist. Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/post/psychotherapist
Hollings, D. (2022, March 24). Rational emotive behavior therapy (REBT). Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/post/rational-emotive-behavior-therapy-rebt
Hollings, D. (2022, October 7). Should, must, and ought. Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/post/should-must-and-ought
Hollings, D. (2022, November 9). The ABC model. Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/post/the-abc-model
Hollings, D. (2023, February 16). Tna. Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/post/tna
Hollings, D. (2023, November 23). Validation. Hollings Therapy, LLC. Retrieved from https://www.hollingstherapy.com/post/validation
Library of Congress. (n.d.). Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. Retrieved from https://tile.loc.gov/storage-services/service/ll/usrep/usrep467/usrep467837/usrep467837.pdf
Supreme Court of the United States. (2024, June 28). City of Grants Pass v. Johnson. Retrieved from https://www.supremecourt.gov/opinions/23pdf/23-175_19m2.pdf
Supreme Court of the United States. (2024, June 28). Fischer v. United States. Retrieved from https://www.supremecourt.gov/opinions/23pdf/23-5572_l6hn.pdf
Supreme Court of the United States. (2024, June 28). Loper Bright Enterprises v. Raimondo. Retrieved from https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf
Supreme Court of the United States. (2024, June 26). Murthy v. Missouri. Retrieved from https://www.supremecourt.gov/opinions/23pdf/23-411_3dq3.pdf
Supreme Court of the United States. (2024, June 21). United States v. Rahimi. Retrieved from https://www.supremecourt.gov/opinions/23pdf/22-915new_ihdk.pdf
Wikipedia. (n.d.). Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. Retrieved from https://en.wikipedia.org/wiki/Chevron_U.S.A.,_Inc._v._Natural_Resources_Defense_Council,_Inc.
Wikipedia. (n.d.). Elena Kagan. Retrieved from https://en.wikipedia.org/wiki/Elena_Kagan
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