Upcoming Case Ask Supreme Court to Take Control of Federal Policymaking

The Supreme Court has two upcoming cases that are being framed rather interestingly by the mainstream media.

The cases, Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, ask the justices to take control of federal policymaking.

Yet, Vox published the story with a secondary header that read, “The justices are threatening to put themselves in charge of every single federal agency.”

The Cases

The main question at hand in these cases is whether the National Marine Fisheries Service can pass off some of the costs for placing observers on fishing vessels.

The observers would be in place “for the purpose of collecting data necessary for the conservation and management of the fishery.”

The root of the entire article on Vox is outlining how the Republican Party has sometimes used the judiciary to try to revoke policy by Democrat presidents.

For instance, the article states, “Since at least President Barack Obama’s second term in office, the conservative Federalist Society has been on a mission to shift policymaking authority from the executive branch of government to the judiciary.”

Not once in the report does Vox discuss how Democrats dismantled Trump's policy by challenging rules and laws in court.

According to the Institute for Policy Integrity, the Trump administration was taken to court 246 times.

Of those 246 cases, the Trump administration was successful in 54 of the cases, meaning lawsuits by Democrats or their operatives defeated the policy 192 times.

Yet, Vox has the audacity to make this sound as though this is a Republican issue solely because conservative justices outnumber liberal justices on the Supreme Court at this time.

The report concludes that the “courts should defer to the agency’s interpretation of the law,” yet that was not the case when Trump was in office.

It adds, “And how the hell are nine lawyers, whose only staff are a handful of recent law school graduates and maybe a secretary, supposed to perform a task that historically has been carried out by tens of thousands of highly specialized federal employees across many federal agencies?”

Let’s see if they feel the same way when a Republican is back in office and Democrats are challenging every law passed and every executive order issued.