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by VoodooJuJu 722 days ago
>Devastating that expertise will no longer influence the application of law and policy

Not true.

Congress is free to continue to delegate to experts when it comes to writing laws and policy. What they are no longer free to do is write vague laws and policy and expect the judicial branch to inject their own favor when interpreting that vagueness. The judicial branch will once again do what it should have been doing all along: simply interpret the law.

Basically, Congress actually has to do its job and write better laws. And again, they are free to consult experts when writing these laws.

The judicial branch is actually once again functioning the way it was intended. It is restoring balance to the "checks and balances".

1 comments

> and expect the judicial branch to inject their own favor when interpreting that vagueness. The judicial branch will once again do what it should have been doing all along: simply interpret the law.

No, with Chevron deference, they expected the executive branch agencies to interpret unspecified parts of certain laws, because they were the ones supposed to implement them, e.g., the definition of "source of air pollution" in the Clean Air Act of 1963. The judicial branch actually is "injecting its own behavior" in that this means they will interpret more laws than they otherwise would have.