[Matticus_Rex]

Erm... I think there will be problems as a result of this, but your comment is wildly bad on a number of levels.

#1 - Chevron deference as a rule comes out of Chevron, and the idea that Chevron just encoded something that was already always done is ahistorical. Both before Chevron and going forward, courts will still often defer to agency interpretation when that makes sense. They just won't be compelled to look at it so uncritically.

#2 - The idea that Chevron has been uncontroversial until now is totally detached from reality, and is a dead giveaway that you really don't know much about this.

[cthalupa]

#1 - Prior to Chevron, did Congress delegate authority to federal agencies to impose regulations? The answer is yes. Prior to Skidmore, did Congress delegate authority to federal agencies to impose regulations? The answer is yes.

The fact that Chevron codified things in a more structured way does not change the fact that it was a ruling about an existing practice. How are you arguing otherwise? Both rulings were about things that were already happening. Neither Skidmore or Chevron resulted in the brand new practice of federal agencies having regulatory power.

#2 - Of course there is always dissent around laws and decisions. Obviously, however, the majority of the past century has had further support for federal agencies having regulatory power. It is only the past half decade where there has been significant pushback. People are sitting here complaining about how for so long the SC increased their deference to Chevron - how would that be the case if it was controversial within the court? Weird that we had more than 70 years of the courts just strengthening their position on this if it was so controversial the whole time, rather than something that has been a significant change over the past half decade.