Two Significant Positive Rulings from Supreme Court: Fischer Case (J6) and Chevron Reversal - The Last Refuge

Supreme Court limits executive agency power and rules in favor of Jan. 6 defendant, impacting future prosecutions. DOJ responds.

In a groundbreaking 6-3 decision, the Supreme Court has taken a stand against the broad regulatory power of executive agencies to interpret laws and impose regulations. The Chevron ruling, which dates back 40 years, had allowed government agencies to interpret laws and enforce regulations based on their own definitions and rules.

However, the recent ruling by the Supreme Court has shifted the power back to the judicial branch, stating that courts will now determine the application of laws when legislation is unclear. This change in precedent could have significant implications moving forward.

In a separate case, the court ruled in favor of Joseph Fischer, a Pennsylvania police officer charged in connection with the January 6th protest for "obstructing an official proceeding." The law at the center of Fischer's case, 18 U.S.C. § 1512(c)(2), has been a key factor in many January 6 cases, including the indictment of former President Donald Trump.

Chief Justice John Roberts, along with Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson, ruled in favor of Fischer. Justice Amy Coney Barrett authored the dissent, joined by Justices Elena Kagan and Sonia Sotomayor.

The decision means that many Americans who were prosecuted under this statute may have been wrongfully charged. Attorney General Merrick Garland, who has been vocal about upholding the rule of law, now faces the challenge of responding to the Supreme Court's decision.

In a statement, the Justice Department expressed disappointment with the ruling but affirmed its commitment to holding those responsible for the January 6 attack on the Capitol accountable. Harvard Professor Emeritus Alan Dershowitz supported the Supreme Court's decision, stating that it was necessary to make it tougher to charge January 6 defendants with obstruction.

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