SCOTUS Overturned Chevron Doctrine - What Does It Mean for Targeted Individuals?

Chevron Doctrine Allowed Three Letter Agencies to Interpret the Law the Way it Suits Them. This function has now been taken away from them by a 6:3 SCOTUS decision.

THIS IS IMPORTANT!

I will start by inviting you to read a Scotusblog.org article written by Amy Howe so you can get a general idea what this is all about. A quick quote from Justice Roberts I think gets to the heart of the issue: "Chevron doctrine allows agencies to change course even when Congress has given them no power to do so.”

I guarantee that as I am typing this sentence, numerous constitutional lawyers and scholars are writing papers about this historic SCOTUS Decision.

The purpose of my blog is to highlight potential consequences of the Chevron Ruling on the legal plight of Targeted Individuals. Please, remember, I am not an attorney, so my opinion might not pass the legal muster. But here are my thoughts.

First of all, I think it’s Great News for Targeted Individuals. Ever since the TSDB (Terrorist Screening Database) was created by a presidential directive in 2003, FBI played a central role in managing this database. The presidential directive enabled creation of this Database with two categories: Known and Suspected Terrorists. But the FBI took the initiative of creating at least two additional categories. These categories, also called Handling Code 3 and 4, contain so called “Non-Investigative Subjects” who do not represent threat to national security and nominated to be in the TSDB using secret “special criteria” (FBI language). Everything points out to that this is us, Targeted Individuals!

Creation of non-terrorist categories in the Terrorist Screening Database represent a huge overreach and deviation by the FBI from the executive order . There is also no congressional authorization to create these two additional categories that now comprise 97% (!) of TSDB.

As we are saying good bye to the Chevron Doctrine that allowed the FBI to interpret the law as they wish, it is now the task of the Judicial Branch to interpret the law, and stop this blatant illegality.

This is only one aspect of the SCOTUS decision applicable to Targeted Individuals. There are many others (for example, FBI not complying with the due process, as outlined in the presidential directive).

But for now, let’s highlight and celebrate this SCOTUS decision that is sure to change the fate of Targeted Individuals.

Until next time.