Whereas the platform of the Libertarian Party of Georgia states that we favor abolition of the Administrative State’s regulatory bureaucracy; and,
Whereas the Constitution of the United States clearly establishes a separation of powers between the legislative, executive, and judicial branches of the federal government; and,
Whereas bureaucrats are not objective and neutral experts but are instead influenced by biases and incentives; and,
Whereas the Pendleton Civil Service Reform Act of 1883 insulated the unelected bureaucracy from being replaced by the elected officials of the executive branch; and,
Whereas in 1984, the legal doctrine known as Chevron deference was established from the case of Chevron USA v. Natural Resources Defense Council in a six-to-zero decision; and,
Whereas Chevron deference greatly empowered the regulatory bureaucracy by having courts defer to it on the interpretation of laws, insulating it from the judicial branch as well; and,
Whereas this in effect gave the regulatory bureaucracy the ability to create laws and represented a dangerous combination of legislative, executive, and judicial powers into a single entity; and,
Whereas the regulatory bureaucracy used these powers in ways blatantly inconsistent with the Constitution of the United States as well as the principles of liberty held by the Libertarian Party of Georgia; and
Whereas on June 28, 2024, the Supreme Court of the United States overruled Chevron deference in the case of Loper Bright Enterprises v. Raimondo in a six-to-three decision; and,
Whereas this decision returns the interpretation of laws to the courts and could well lead to a reduction in the regulatory bureaucracy;
Therefore, be it resolved, that the Libertarian Party of Georgia commends the overruling of Chevron deference.
