Josh the Otter and the Chevron Decision

There has been much talk recently about Supreme Court decisions regarding abortion and presidential powers. Those issues get the headlines, but small “L” libertarians are paying attention to a less-discussed but far-reaching decision. Last Friday, the court released a decision overturning a 40-year precedent that instructed lower court judges to defer to reasonable agency interpretations of ambiguous federal statutes.

The “Chevron Deference” was established in a 1984 Supreme Court case, Chevron v. NRDC.

It established a legal principle that courts should defer to a federal agency’s interpretation of ambiguous laws that the agency administers. The two-step test involved determining if the law was vague and, if so, whether the agency’s interpretation was reasonable. This doctrine aimed to recognize agencies’ expertise in specific areas, granting them authority to interpret unclear statutes. Over the years, Chevron deference has significantly influenced administrative law and the balance of power between agencies and the judiciary.

The reversal of Chevron will level the playing field between three-lettered agencies under the executive branch with the constitutional powers of the other two branches of government. The unchecked power of the EPA, IRS, ATF, FCC, and other agencies will now be subject to judicial review. The Biden Administration’s Electric Vehicle mandate, unpopular with the auto industry, is expected to be the first policy challenged. Others will follow, but the hope is that with increased judicial scrutiny, federal agencies will be less inclined to impose draconian policies without considering judicial review and oversight by elected officials.

It will be interesting to see a gradual trend toward deregulation as policies are challenged and enforcement powers fall under the scrutiny of people we vote into office and can just as quickly retire. Friday was a good day for business, a good day for states, a good day for municipalities like ours (think arsenic rule), and a good day for the Constitution.

July 17 will also be a good day for McCook as the long-awaited aquatic park is scheduled to open. I have to admit that I wasn’t a massive fan of the Saturday night auto races until I saw how many out-of-town license plates were in the parking lot. I didn’t fully appreciate the Kiplinger Arena until I understood how many people it brought to McCook. While the new aquatic facility has been constructed for the benefit of our residents, I hope to see a regular stream of license plates from surrounding counties, if not out-of-state.

With the opening of our new Aquatic Park in view, I’m reminded of a sad but inspiring story about a Nebraska-based effort to promote water safety–particularly among children–through drowning prevention campaigns & early childhood water safety training.

In 2008, Kathy and Blake Collingsworth of Lincoln lost their two-year-old son, Joshua, in a backyard pool accident. To honor Joshua, his parents established the Joshua Collingsworth Memorial Foundation, which created the book “Josh the Otter” to promote water safety awareness through drowning prevention campaigns & early childhood swim lessons.

Hearing about the group struck me personally. I lost a classmate in high school to drowning and was surprised to learn that although my friend Calvin was an amazingly talented guitar player, he didn’t know how to swim. That was also the first time I learned of disparities in swimming ability and access to instruction among socio-economic groups.

With that experience in mind, I insisted that both of my preschool children take swimming lessons, and our YMCA was able to provide that vital service. Having done so, my kids were comfortable in and around water from a young age. Although parents should always be vigilant about water safety, I felt confident mine would know how to float on their backs to relax, breathe, and conserve energy in an emergency.

The Centers for Disease Control tell us that drowning is the leading cause of death in children between the ages of one and four years old and that 70% of all drowning victims never received any swimming instruction. I don’t know if the new facility can offer swim classes during their short 2024 season, but the YMCA certainly does. Grandparents might consider supporting mom and dad with swim lessons for the little ones. It’s a small gift that will offer a lifetime benefit.

Last, we may be witnessing a presidential drama on the magnitude of Nixon’s Saturday night massacre–or not. Mr. Biden can probably weather the current storm unless party officials see him as a down-ballot liability. They love Joe, but they love holding on to the Senate, too. Either way, we have a front-row seat to a rewrite of history.