New Legal Era Begins: Chevron Reversal Halts Biden’s Controversial Policies – Flopping Aces

And so, it begins! Welcome to the post-Chevron world. Two days ago on Wednesday, a Mississippi federal court entered an order shutting down Biden’s new trans-friendly Title IX rules —nationwide— by citing the new Chevron decision. Absent the injunction, Biden’s rules (published by HHS), would have taken effect today. Among many other things, the new rules would have forced hospitals and insurance companies to provide genital mutilation surgeries and dangerous hormone treatments, even if such treatments were forbidden by state law.

Here’s the key paragraph from its order where the Court opened the Chevron door and strolled through:

The Supreme Court recently held that agencies are no longer entitled to
deference pursuant to Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc. , 467 U.S.
837, 839 (1984), because Chevron “allow[ed] agencies to change course even when
Congress [had] given them no authority to do so.” Loper Bright Enters. v.
Raimondo, No. 22-1219, 2024 WL 3208360, at *21 (U.S. June 28, 2024). Thus,
Chevron “foster[ed] unwarranted instability in the law, leaving those attempting to
plan around agency action in an eternal fog of uncertainty.”

“Recently”! It hasn’t even been two weeks, and Loper Bright is already bearing fruit. With Chevron reversed, the Mississippi judge interpreted the statute for himself, ignoring HHS’s insane interpretation. Instead, he logically found that when Title IX passed in 1972, “sex” was meant to be (and is) binary. Two sexes determined by biology — not one million billion flexible feelings determined by angry teenaged TikTok influencers.

Post-Chevron is a whole new and better world.