Bureaucrats don’t get to make laws. Lawmakers make laws. Bureaucrats are supposed to enforce laws as lawmakers intended: not more, not less. Courts rule when a law is unclear. The power of federal regulators to decide what they want federal law to mean has been limited, per several reports on case of Loper Bright Enterprises vs. Raimondo, which has upended decades of what is known as the Chevron deference. That’s near the essence of what the Loper ruling means. Another way to look at the Loper ruling is that the U.S. Constitution’s limits on federal governmental power as exercised by bureaucrats has apparently been limited. The ruling has clear and significant implications for manufactured housing, as will be explored in Part II of this report. As manufactured home industry pros read the responses to the tweet (X-post) on the Loper decision posted below that overturned decades of Chevron Deference,” the meaning of this case for manufactured housing and smaller businesses or entrepreneurs more broadly may begin to come into focus. Once more, this ruling will vindicate the Manufactured Housing Association for Regulatory Reform (MHARR) and MHProNews’ reporting of issues of importance to our profession.
I needed to understand what the Chevron doctrine was to fully grasp the significance of this ruling.
A definite win for the little guy and Americans, in general.https://t.co/7zXe3AJSbA
— 🇺🇸 NorTex Freddie K 🇺🇸 (@FreddieK1776) June 28, 2024
The defenses of Chevron were always so revealing. Here’s a Columbia law professor (Merrill) stating that Chevron was important because these agencies make up so many zillions of rules to shackle the private sector, the courts can’t possibly adjudicate them all! pic.twitter.com/WQnmldzjRd
— Gregg Re (@gregg_re) June 28, 2024
In simple terms, this Supreme Court ruling means that courts must use their own judgment when deciding if a government agency is acting within its legal authority. They cannot simply agree with an agency’s interpretation of a law just because the law is unclear. The previous…
— America_MUST_Unite | #iStandWithTrump (@KaneraChad) June 28, 2024
Part I – from the Daily Signal to MHProNews
NEWS
Supreme Court Throws Back ‘Chevron Deference’ in Ruling on Fishermen’s Case Against Government
Jarrett Stepman | June 28, 2024
The Supreme Court ruled 6-3 in favor of commercial fisherman who challenged the U.S. government’s imposition of charges for onboard federal inspections. The case deals a massive blow to the power of federal agencies.
BREAKING: In a major blow to the unelected administrative state, the Supreme Court has overruled the Chevron doctrine, which required courts to defer to the legal interpretations of unelected bureaucrats.
“Chevron is overruled.” pic.twitter.com/tqC5EYaUBl
— Sean Davis (@seanmdav) June 28, 2024
Commercial fishermen in New Jersey initiated the case, Loper Bright Enterprises vs. Raimondo. The fishermen argued that they were unjustly charged by the National Oceanic and Atmospheric Administration in 2020 to pay for third-party, onboard monitors of their operations.
NOAA did this without Congress giving the agency authority to do so. The fishermen argued that the federal regulation violates Article 1 of the Constitution.
A majority of the Supreme Court agreed with the fishermen’s appeal.
The Supreme Court’s decision overturns so-called Chevron deference, a legal test that comes from a series of cases before the high court beginning with its unanimous 1984 decision in Chevron USA Inc. v. Natural Resources Defense Council.
The Chevron doctrine essentially meant that courts give deference to the expertise of the government’s administrative agencies in interpreting legislative statutes.
“Perhaps most fundamentally, Chevron’s presumption is misguided because agencies have no special competence in resolving statutory ambiguities. Courts do,” Chief Justice John Roberts wrote in his majority opinion.
Robert argued that the Chevron deference was untimately unworkable under the Constitution.
“Chevron has proved to be fundamentally misguided,” Roberts wrote. “It reshaped judicial review of agency action without grappling with the [Administrative Procedures Act], the statute that lays out how such review works. And its flaws were apparent from the start, prompting the Court to revise its foundations and continually limit its application.”
Judicial originalists have argued that Chevron deference places too much unimpeded power in the hands of government agencies. The new ruling shifts more power back to courts and legislative bodies.
Heritage Foundation fellow Steve Bradbury wrote earlier this year that the Supreme Court’s unanimous Chevron decision 40 years ago was a reaction to overreach by lower courts.
“When it handed down its Chevron opinion in 1984, the Supreme Court was reacting with some exasperation to a persistent pattern of flawed judicial intervention by the lower courts, particularly the U.S. Court of Appeals for the D.C. Circuit, the court that hears the greatest volume of challenges to agency actions,” Bradbury wrote.
Those who argued in favor of Chevron deference say that the courts are ill-equipped to understand technical policies promulgated by government agencies and therefore should defer to bureaucratic expertise.
Justice Elena Kagan wrote that Chevron deference, “has formed the backdrop against which Congress, courts, and agencies–as well as regulated parties and the public–all have operated for decades. It has been applied in thousands of judicial decisions. It has become part of the warp and woof of modern government, supporting regulatory efforts of all kinds.”
This is a breaking news story and may be updated. ##
Part II – Additional Information with More MHProNews Analysis and Commentary
To further round out the understanding of the Supreme Court of the United States (SCOTUS), two more items are useful.
1) According to the Associated Press (AP) on 6.28.2024.
The court’s six conservative justices overturned the 1984 decision colloquially known as Chevron, long a target of conservatives who have been motivated as much by weakening the regulatory state as social issues including abortion. The liberal justices were in dissent.
The case was the conservative-dominated court’s clearest and boldest repudiation yet of what critics of regulation call the administrative state.
Billions of dollars are potentially at stake in challenges that could be spawned by the high court’s ruling. …”
2) On this date on the Manufactured Housing Institute (MHI) website there is no mention of Loper Bright nor of Chevron deference, per the search results by MHProNews using the MHI search tool.
3) By way of contrast, in a post by MHARR on May 2, 2023, that Washington, D.C. based trade group said the following.
MAY 2, 2023
FROM: MHARR
RE: SUPREME COURT CASE COULD SIGNIFICANTLY
ADVANCE MH PRODUCERS’ INTERESTS IN NATION’S CAPITAL
The United States Supreme Court has accepted for review later this year, a case that could significantly alter the landscape of federal regulatory law, including critical matters that directly impact the comprehensively federally-regulated manufactured housing industry.
The case, Loper Bright Enterprises v. Raimondo, which the court voted to accept on May 1, 2023, involves a legal concept known as “Chevron deference,” and provides an opportunity for the Court to either eliminate, restrict, or clarify that doctrine. Chevron deference, first enunciated by the Supreme Court in Chevron USA v. Natural Resources Defense Council (1984), means that a court reviewing federal agency regulatory action will defer to an agency’s interpretation of a controlling statute if the statute itself is found by the court to be “ambiguous.”
For example, when HUD (in concert with its entrenched contractor) adopted current Subpart I procedures, including regulations, policy statements, “guidelines,” and other sub-regulatory criteria that have continually bedeviled industry production, MHARR – in the absence of Chevron deference – would, in 1985, have judicially challenged those actions. As MHARR members are aware, though, the Association chose not to proceed in that manner, because of the adoption of Chevron judicial deference just a year before.
If Chevron deference were overruled, however – or significantly limited — the likelihood of judicial relief concerning many regulatory issues affecting the industry would be enhanced, meaning that agencies would have to confront an increased likelihood of credible litigation over regulatory decisions and actions. This, in turn, would enable MHARR to more aggressively protect, defend and advance the views and interests of manufactured housing producers in Washington, D.C.
Given the importance of this case and its potentially far-reaching effects on the HUD Code manufactured housing industry, MHARR will continue to closely monitor this action, and will report to you further as developments warrant.
Manufactured Housing Association for Regulatory Reform (MHARR)
1331 Pennsylvania Ave N.W., Suite 512
Washington D.C. 20004
Phone: 202/783-4087
Fax: 202/783-4075
Email: MHARR@MHARRPUBLICATIONS.COM
Website: manufacturedhousingassociation.org
5) One reason that larger businesses often ‘secretly embrace’ regulation is because it can give them a perceived advantage over smaller rivals. A snapshot of that point is provided below from the National Association of Manufacturers (NAM). Smaller firms end up paying more per employee for the cost of regulation than larger firms do, by a ratio of almost exactly 2 to 1.
6) It is with those thoughts on mind that someone like Carol Roth weighs in on the ‘secrets’ of regulation and bigger businesses.
7) So, with Roth, NAM’s, and Galbraith’s points in mind, a look at MHI’s home page on this date reveals a curious logo that proclaims MHI is “Celebrating 50 Years of Partnership with HUD.” Yet MHI has claimed for years that they are resource to help the industry grow. See the screen capture below.
Their statement that they can help someone “grow” their business might be true in some technical sense for a limited number of larger firms that are focused on manufactured housing industry consolidation. But it is apparently not true – or is less true – for those that want organic growth, are smaller or start-up firms that might normally seek association membership precisely to help with regulators. MHI’s lack of information on Chevron or Loper are apparent examples of that point.
8) But it isn’t just MHProNews that holds a critical view of MHI’s effectiveness for specific segments of their membership. MHI members, past and present, have and continue to be critics of MHI too. Something similar can be said of those who are members of an MHI state association affiliate.
9) But perhaps the most direct assault on MHI and federal regulators is implied in Rolfe’s recent remarks: ‘Don’t tell me we can’t solve affordable housing. The truth is we don’t want to solve affordable housing.’ See details on the linked below.
10) The public is left with an image of the ‘complexity’ of dealing with regulators. Certainly, smaller businesses are well aware of those regulatory hoops and challenges, which explains why there are so many trade groups in the first place. While manufactured housing pros think about MHI and MHARR as the two national trade associations that are supposedly (in MHI’s case) ‘battling’ with regulators, there are broader and industry specific advocacy groups too. Housing professionals have dozens of such groups, that include the National Association of Realtors (NAR), the National Association of Home Builders (NAHB), the Mortgage Bankers Association (MBA), etc. There is a U.S. Chamber of Commerce for larger businesses, and groups like the National Federation of Independent Business (NFIB) or the Job Creators Network (JCN). Such groups often provide trade media (such as MHProNews) with reports. Unfortunately, MHI – apparently seeking to avoid scrutiny of their advocacy – declines providing such information directly to MHProNews, but may do so to others who are willing to heap praise on them.
That bigger businesses take a different stance towards regulations than smaller businesses is illustrated in the criticism of Dr. Richard Rahn, former chief economist for the U.S. Chamber of Commerce lodged against that association. Note the similarities between Rahn’s and Roth‘s stances? Both are taking aim at what they have called the “war on small business.”
12) That regulations are seen as a potential ‘barrier for entry’ was touted by MHI member Triad Financial/ECN Capital recently, see that new report linked here.
13) To learn more see the related reports. Watch for an update on this ruling from MHARR, perhaps as soon as next week. Let’s see if these reports spark MHI into at least mentioning the Loper decision, and see what sort of spin they put on the Loper ruling, shall we?
Part VI – Our Daily Business News on MHProNews stock market recap which features our business-daily at-a-glance update of over 2 dozen manufactured housing industry stocks.
This segment of the Daily Business News on MHProNews is the recap of yesterday evening’s market report at the closing bell, so that investors can see-at-glance the type of topics may have influenced other investors. Our format includes our signature left (CNN Business) and right (Newsmax) ‘market moving’ headlines for a more balanced report.
The macro market moves graphics below provide context and comparisons for those invested in or tracking manufactured housing connected equities. Meaning, you can see ‘at a glance’ how manufactured housing connected firms do compared to other segments of the broader equities market.
In minutes a day, readers can get a good sense of significant or major events while keeping up with the trends that may be impacting manufactured housing connected investing.
Headlines from left-of-center CNN Business – 6.28.2024
- NYC public libraries have their funding restored, will reopen on Sundays
- An analyst ordered 75 Chipotle burrito bowls to test portion sizes
- On MSNBC, the mood turns somber following Biden’s debate performance
- Guests at the Old Town Pour House watch the debate between President Joe Biden and presumptive Republican nominee former President Donald Trump on June 27, 2024 in Chicago, Illinois. The debate is the first of two scheduled between the two candidates before the November election.
- 9 million viewers tuned in to CNN’s presidential debate with Biden and Trump
- Warren Buffett has finally revealed what will happen to his money after he dies
- The Boeing saga has reached a new level of absurdity
- Uber and Lyft drivers secure $32.50 an hour minimum wage in Massachusetts
- US prices didn’t rise last month for the first time since November
- The Nvidia spell has been broken. Here’s what could come next
- Trump Media stock rises after debate
- Donald Trump had a much better night than Joe Biden. Markets are unfazed
- How a criminal record affects your chances of being hired
- Why Walgreens, CVS and Rite Aid are closing thousands of drug stores across America
- What to know about the massive car dealership outage
- The auto dealers outage has been hamstringing car dealerships for days. Experts say that’s the new normal for cyberattacks
- Boeing blames missing paperwork for Alaska Air incident, prompting rebuke from safety regulators
- NFL hit with jury verdict in ‘Sunday Ticket’ antitrust trial that could reach $14.1 billion
- Walgreens will close a significant number of US stores, shutting down many unprofitable locations
- World’s first carbon tax on livestock will cost farmers $100 per cow
- The housing market is ‘stuck’ until at least 2026, Bank of America warns
- Taco Bell enters the value meal wars with its biggest deal ever
- The biggest US banks are more vulnerable than they were last year, Fed’s stress test shows
- Nike is in a slump
To see this image below in a larger size, depending on your device,
click the image and follow the prompts.
Headlines from right-of-center Newsmax – 6.28.2024
- Obama to Voters: Stick With Biden Despite Bad Debate
- “Bad debate nights happen. Trust me, I know,” Obama wrote Friday on X. “But this election is still a choice between someone who has fought for ordinary folks his entire life and someone who only cares about himself. Between someone who tells the truth; who knows right from wrong and will give it to the American people straight — and someone who lies through his teeth for his own benefit.” [Full Story]
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- Fetterman to Ship-Jumping Dems: ‘Chill the [Expletive] Out’
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- Jon Stewart: Biden Had ‘Resting 25th Amendment Face’
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- Israel at War
- Officials: US Removing Gaza Aid Pier, May Not Put It Back
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- Newsmax TV
- Chad Wolf: Biden, Dems ‘Created This Crisis’
- Van Drew: Border Patrol Union Fed Up With Biden
- Jason Miller: ‘Who’s Running the Country?’ | video
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- Will Scharf: J6 Decision Repudiates Biden’s DOJ
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- Comer: Dems Won’t Look at Me Now | video
- Newsfront
- Putin: Russia May Resume Global Missile Deployment
- President Vladimir Putin said Friday that Russia should resume production of intermediate and shorter range nuclear-capable missiles and then consider where to deploy them after the U.S. brought similar missiles to Europe and Asia…. [Full Story]
- No Return Date for Boeing Capsule Astronauts
- Two NASA astronauts will stay longer at the International Space [Full Story]
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- Iowa’s Top Court Upholds 6-Week Abortion Restriction
- Obama: Stick With Biden Despite ‘Bad Debate’
- Former President Barack Obama urged voters to stick with President [Full Story]
- Russia Protests to Japan About Joint Military Exercises
- Russia protested to Japan on Friday about Tokyo’s plans to hold joint [Full Story]
- Post-Fauci: Rampant Mistrust of Pandemic Health Edicts
- The coronavirus pandemic that swept across the globe in 2020 and 2021 [Full Story] | Platinum Article
- Supreme Court Rejects Bannon Bid to Delay Prison Time
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- Buffett Donates $5.3 Billion in Stock to Charity
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- Massie Announces Wife Has Died
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- Liberal Author Joe Klein: Debate ‘Worse Than Disastrous; It Was Sad’
- Writer and liberal political commentator Joe Klein declared President [Full Story]
- Trump to Support Japan, South Korea Ties, Allies Say
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- The amphibious assault ship USS Wasp entered the eastern [Full Story]
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- President Joe Biden forcefully tried on Friday to quell Democratic [Full Story] | video
- Biden’s Odds of Second Term Plunge After Debate
- President Joe Biden’s odds of a second White House term plunged after [Full Story]
- CNN: Biden Not Planning to Step Aside
- President Joe Biden intends to continue on as the Democratic Party’s [Full Story]
- Prosecutors to Call Last Witness in Menendez Trial
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- A measure of prices that is closely tracked by the Federal Reserve [Full Story]
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- The Federal Aviation Administration said Friday it will investigate a [Full Story]
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- Finance
- FCC Asks Telecoms How They Are Blocking Deepfake AI Robocalls
- The chair of the Federal Communications Commission asked the CEOs of AT&T, Verizon, Comcast, and other cable and telecom carriers to detail efforts to crack down on fraudulent political robocalls that are generated by AI, the agency said Thursday… [Full Story]
- Shares of Trump Media Rise After Debate
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- Wall Street Closes Subdued Ahead of Key Inflation Data
- More Finance
- Health
- Common Meds That Increase Sensitivity to the Heat
- A record-breaking heat wave is scorching much of the U.S. The soaring temperatures are putting many Americans at risk for serious illness, even death. This is especially true for older adults, says AARP.And certain medications can affect the body’s ability to handle heat……. [Full Story]
- What Attracts Mosquitoes to People?
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- As COVID Rises CDC Recommends Updated Fall Shots
click the image and follow the prompts.
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- NOTE 1: Chart above of manufactured housing connected equities includes the Canadian stock, ECN, which purchased Triad Financial Services, a manufactured home industry finance lender.
- NOTE 2: Drew changed its name and trading symbol at the end of 2016 to Lippert (LCII).
- NOTE 3: Deer Valley was largely taken private, say company insiders in a message to MHProNews on 12.15.2020, but there are still some outstanding shares of the stock from the days when it was a publicly traded firm. Thus, there is still periodic activity on DVLY.
- Note 4: some recent or related reports to the REITs, stocks, and other equities named above follow in the reports linked below.
- Note 5: Gifts of Sight and Insights, What’s in Store for 2024? Including 2023 Year End Reflections, manufactured homes, manufactured housing, mobile homes, MHVille, USA Snapshots, Manufactured housing industry year in review 2023.
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2023 …Berkshire Hathaway is the parent company to Clayton Homes, 21st Mortgage, Vanderbilt Mortgage and other factory-built housing industry suppliers.
· LCI Industries, Patrick, UFPI, and LP each are suppliers to the manufactured housing industry, among others.
· AMG, CG, and TAVFX have investments in manufactured housing related businesses. For insights from third-parties and clients about our publisher, click here.
2022 was a tough year for many stocks. Unfortunately, that pattern held true for manufactured home industry (MHVille) connected stocks too. See the facts, linked above.
====================================
Disclosure. MHProNews holds no positions in the stocks in this report.
· For expert manufactured housing business development or other manufactured housing professional services, click here.
· To sign up in seconds for our industry leading emailed headline news updates, click here.
- Note 1: MHVille means manufactured housing industry, MHVille also means artificially smaller manufactured housing (MH) industry,
- Note 2: Manufactured housing, building, factories, retail, dealers, manufactured home, communities, passive mobile home park investing, suppliers, brokers, finance, financial services, macro-markets, manufactured housing stocks, Manufactured Home Communities Real Estate Investment Trusts, MHC REITs.
- Note 3:
APO, Apollo Global Management, BAM, Brookfield Asset Management, BLK, BlackRock, BRK-A, Berkshire Hathaway, BX, Blackstone, CDPYF, Canadian Apartment Properties Real Estate Investment Trust, CIGI, Colliers International Group Inc, CG, The Carlyle Group, CSGP, CoStar Group, CVCO, Cavco Industries, ECNCF, ECN Capital Group, ELS, Equity LifeStyle Properties, FGF, FG Financial Group, FG Communities, KEY, KeyCorp, KMMPF, Killam Apartment REITs, LCII, LCI Industries, LEGH, Legacy Housing, LPX, Louisiana Pacific Corporation, MHC-UN.TO, Flagship Communities Real Estate Investment Trust (REIT), MHPC, Manufactured Housing Properties, MMI, Marcus and Millichap, NOBH, Nobility Homes, PATK, Patrick Industries, SKY, Skyline Champion, SUI, Sun Communities, UMH, UMH Properties, UFPI, UFP Industries.
That’s a wrap on this installment of “News Through the Lens of Manufactured Homes and Factory-Built Housing” © where “We Provide, You Decide.” © (Affordable housing, manufactured homes, stock, investing, data, metrics, reports, fact-checks, analysis, and commentary. Third-party images or content are provided under fair use guidelines for media.) (See Related Reports linked herein. Text/image boxes often are hot-linked to other reports that can be access by clicking on them.)
By L.A. “Tony” Kovach – for MHProNews.
Tony earned a journalism scholarship along with numerous awards in history. There have been several awards, honors and numerous public recognitions for his achievements in manufactured housing. For example, he earned the prestigious Lottinville Award in history from the University of Oklahoma, where he studied history and business management. Kovach is a managing member and co-founder of LifeStyle Factory Homes, LLC, the parent company to MHLivingNews.com and MHProNews. MHProNews is ranked as the runaway most read trade media in modern manufactured housing history. Manufactured Home Pro News (MHProNews) is the documented #1 largest and most read source for manufactured housing industry News Tips and Views Pros Can Use, per Webalizer 2.23 (on 5.22.2024) and known data. MHProNews gets millions of visits a year and has significantly more pageviews per visit than CNN or Fox per SimilarWeb’s stats for those two sites (but in fairness CNN and Fox sites get more much more total traffic). Statistics – Data – Infographics – Research – Facts – Evidence – Trends – and manufactured housing industry expert Analysis make us and keep us the runaway most read in MHVille trade media. This article reflects the LLC’s and/or the writer’s editorial views and may or may not reflect the views of sponsors or supporters.
