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by llamaimperative
549 days ago
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You’re aware that the Chevron SCOTUS decision was itself part of this exact Constitutional system, right? As was the overturning of Chevron. I.e. you’re going to need a better rubric. "The agency's own personal interpretation" is another nonsense phrase where you're trying to simply presume your opinion alongside a weak argument. The agency is not a person. |
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>I.e. you’re going to need a better rubric.
I see nothing wrong with the rubric I gave. It's the one the constitution set up, and therefore 100% correct from a legal perspective. Past courts having different opinions from the current one is irrelevant to that.
> The agency's own personal interpretation" is another nonsense phrase
No, it means exactly what is says. The agency has its own interpretation which has and ought to have no more legal weight than a random person's. If it's just the word "personal" you're objecting to, that's obviously a figure of speech that doesn't alter the substance of my argument.
An agency is an agency, not a court. They have exactly zero constitutionally granted authority to interpret law. Why in your view should their opinion on the law have any more weight than yours or mine, or than any other person's personal interpretation? Or more importantly, more weight than the courts; the institution created for the very purpose of interpreting the law? Because it seems very obvious to me that it shouldn't. Especially in the context of a lawsuit to which the agency is one of the parties.