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by abduhl 391 days ago
>> The so-called Chevron deference doctrine was simply that the Supreme Court ruled (~40 years ago in the Reagan administration) that if an agency is responsible for administering a statute that's ambiguous, that agency's interpretation should be deferred to.

This is a misstatement of what the law was. Under Chevron, the agency’s interpretation MUST be deferred to, not should. This is an affront to the separation of powers.

Agencies are not neutered. Nor are they prevented from interpreting ambiguous statutes post-Chevron. They are prevented from being the final say on interpretation. This is good, just, and in line with America’s constitutional regime.