[wtallis]

> Yes: I do think that Loper means that courts aren't going to do this kind of freelancing anymore.

And yet, the court seems to have rendered a decision. They don't seem to have declared that the question is not theirs to answer.

[tptacek]

Sorry, you're right. I spoke imprecisely. The courts aren't going to allow the regulatory state to do this kind of freelancing anymore. The courts themselves will continue to produce judge-made law, of course. Which is Kagan's complaint in her Loper dissent.