|
|
|
|
|
by llamaimperative
549 days ago
|
|
There's ample possibility of legal challenge. There was a low possibility of legal overturn for one specific reason: courts generally agreed that agencies' interpretations were reasonable. > Proving something is "not reasonable" in a legal sense is a pretty high bar to clear Sure it is, but that is literally not the bar. The courts always had the authority to do their own analysis of reasonableness so long as the challenger raised the question. In fact, they didn't just have the authority to do it, they were obligated to do it. https://www.law.cornell.edu/uscode/text/5/706 The low probability of overturn is an argument for Chevron deference. It is empirical proof that courts almost always found agencies' rules to be reasonable interpretations. |
|