[throw0101b]

> Chevron was always contentious […]

Chevron was a unanimous 6-0 decision: there was no debate on its principles at the time.

Chevron said that it was not up to the courts to decide policy when there was ambiguity:

> When a challenge to an agency construction of a statutory provision, fairly conceptualized, really centers on the wisdom of the agency's policy, rather than whether it is a reasonable choice within a gap left open by Congress, the challenge must fail. In such a case, federal judges—who have no constituency—have a duty to respect legitimate policy choices made by those who do. The responsibilities for assessing the wisdom of such policy choices and resolving the struggle between competing views of the public interest are not judicial ones: "Our Constitution vests such responsibilities in the political branches."

If there is ambiguity it is either on purpose (to allow flexibility) or by accident (unforeseen or change circumstances): it was thought that it is best for policy makers to deal with that ambiguity.

Remember: the agencies are headed by an Executive that is elected (President), and run my administrators (Secretaries, Directors) that are Senate-confirmed. There is connection to the will of The People throughout their operation.

[JumpCrisscross]

> there was no debate on its principles at the time

The part that made Chevron consequential wasn’t recognised at the time.

[anigbrowl]

I dispute this. It seems to me that if Congress was vague, it knew it was ceding power to the agency to decide; and that the court in Chevron considered it normal that the fallout from poor decisions should land upon those seeking legislative or executive re-election.

I can see both good and bad outcomes from today's decision (though I think in the short term it will multiply litigative and executive brinksmanship without elevating legislative standards), but I really don't agree with the idea that the justices who originally decided it were just clueless about the implications.