Today, the United States Supreme Court ruled 6-3 on the case of Loper Bright Enterprises v. Raimondo, which questions whether the court must defer to a federal agency’s reasonable interpretation of an ambiguous law. The National Taxpayers Union Foundation’s Taxpayer Defense Center filed an amicus curiae brief arguing that when an agency uses a law’s silence to create new rules, it is essentially legislating.
The case concerned whether the National Marine Fisheries Service could force US fishing vessels to pay the salaries of federal observers despite the lack of a congressionally approved law requiring it.
One of the biggest abusers of using silence or ambiguity to create regulations and enact fees is the Internal Revenue Service (IRS), which routinely creates rules, fines, and fees not explicitly under the Internal Revenue Code.
“Today’s decision will level the playing field for taxpayers and government agencies. Unreasonable IRS interpretations will no longer automatically win in court, which is as it should be, and reasonable interpretations will still have the force of law,” said Joe Bishop-Henchman, Executive Vice President at the National Taxpayers Union Foundation.
In light of this ruling, the National Taxpayers Union Foundation will continue to advocate for the taxpayer to ensure that the Constitution maintains a specific balance of power and that only Congress has the power to tax the American people.
To speak with Joe Bishop-Henchman about the Loper Bright Enterprises v. Raimondo decision, contact Courtney Manley, NTUF Communications Manager, at 703-299-8671 or Courtney.manley@ntu.org.