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Posted

After twenty-five years of bitter experience, the Supreme Court should admit that the Chevron experiment has failed. Chevron is inconsistent with the APA, has not accomplished its apparent goals of simplifying judicial review and increasing deference to agencies, and has instead spawned an incredibly complicated regime that serves only to waste litigant and judicial resources. Pre-Chevron practice was more sensible and easier to administer. Barring an admission of complete failure, a simplified regime constructed without the fictional invocation of congressional intent to delegate interpretive power whenever a statute is ambiguous would be more consistent with the APA and the traditional role of courts in judicial review of agency action. It would also be easier to administer, and more consistent with the values upon which Chevron itself was supposed to be based. The sooner the Court throws in the towel on Chevron, the better.

 

https://scholarship.law.bu.edu/cgi/viewcontent.cgi?article=1519&context=faculty_scholarship

Posted
8 hours ago, godzilla said:

Conservative justices seem poised to weaken power of federal agencies

people talk about cabals and democracy and useless woke stuff... this is the real thing. this is the powerful attempting to take power from the people. to take power away from democracies.

everything else political is just some fake influence campaign.

What on earth are you talking about? The article you linked to is a discussion about whether judges should be the ones interpreting law or not.  How is that 'taking power from the people'?

"That which doesn't kill me...

Had better start running."

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