[anigbrowl]

I think it's more analogous to the overlap between police and prosecutors. Those who are the object of regulatory enforcement can and do bring their objections to courts. Another difference is that agency rulemaking is not made in a vacuum; there's a pretty elaborate rulemaking process which includes (iirc) notices of proposed rulemaking, mandatory public comment periods spanning months, pre-publication of draft rules to allow the possibility of litigation and so on.

[rhaksw]

> I think it's more analogous to the overlap between police and prosecutors.

Those both fall under the executive branch. Plus, Chevron deference was about the court's actions, not prosecutors'.

> Another difference is that agency rulemaking is not made in a vacuum; there's a pretty elaborate rulemaking process which includes (iirc) notices of proposed rulemaking, mandatory public comment periods spanning months, pre-publication of draft rules to allow the possibility of litigation and so on.

That gives the illusion of a democratic process, but in reality, agency rulemakers are not accountable to the people, whereas Congress is. Keep in mind that the fisheries regulation in question on this case was passed during the Trump administration– so it's not like electing a conservative to head the executive put a stop to excess regulation, which is generally a position that conservatives advocate.

[anigbrowl]

Those both fall under the executive branch.

They do, but courts judge your case.

That gives the illusion of a democratic process, but in reality, agency rulemakers are not accountable to the people

I didn't claim it it to be a democratic process, I said it was not an arbitrary or isolated one. The democratic element is in the selection of an executive every 4 years. the rulemaking procedures under the Administrative Procedures Act won't be formally changed by this, but I suspect it'll be lengthenedand more heavily litigated, resulting in less regulatory clarity and slower enforcement.

[rhaksw]

> The democratic element is in the selection of an executive every 4 years.

That did nothing to help the fishery in this case. The burdens placed upon them came from a lower level bureaucrat, a decision that likely never crossed Trump's desk. That's just one regulation among thousands per year for which there is no accountability.