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by stvswn
723 days ago
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It is incorrect, but widespread among left-leaning pundits, that this ruling will force Congress to micromanage everything that would normally be left to the agencies. Agencies can still make rules. If Congress would like to be out of the details business, they can even write statutes that explicitly delegate rule making to the agencies. What this does is prevent agencies from acting in ways that are easily interpreted as _not_ conforming with law. The Chevron test told judges that they have to defer to the agencies _even when_ they conclude that the agencies are misreading the laws, as long as the agencies aren't being manifestly unreasonable. This has led to agencies very savilly expanding their power without any new statutory authority simply because they have good lawyers who know how to craft it in a way that survives a Chevron test. The SC just said something I find completely reasonable: from now on, judges have to interpret the law as its written and decide cases based on whether or not the agency is complying with the law. They cannot abrogate their duties to be the experts on legal analysis simply out of a desire to defer to the agency's interpretation. I think it's correctly decided because Chevron is an illogical mess -- why is it that in one situation and one situation only, our legal system treated one of the parties in a suit as inherently having more authority to intepret the law than a court itself? It is not persuasive to me that we should say "well, because the courts can't be experts," as this is not an argument that works in any other situation where a court must make legal rulings in the face of experts -- such as bankruptcy proceedings, antitrust cases, etc. |
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