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The future of the administrative state is in question as the Supreme Court considers overturning Chevron deference in the Loper Bright case. Chevron deference, a legal doctrine established in 1984, allows federal agencies to interpret ambiguous statutes. Critics argue that it grants excessive power to unelected bureaucrats and undermines judicial authority. A reversal could significantly impact economic, energy, and climate regulations. Marc Wheat, general counsel for American Freedom, described the potential decision as one of the most important in our lifetime. Overruling Chevron would restore judges' ability to interpret statutes without deferring to agency expertise and would be a win for taxpayers by returning the statutory toolbox to judges.
The 1st Biden Admin's regulatory agenda is basically done. So if SCOTUS overturns Chevron or otherwise checks the power of the admin state, the 1st to fully experience that may be Trump. And yet progressives will largely criticize it and conservatives/libertarians will celebrate.
It is interesting that so many folks only seem to be aware of the horribly wrong lower court opinions of the "other side" and seem oblivious to those that go in the other direction. Like how many folks complained about the ridiculous standing (non)analysis in Wash v. FDA?
A smart essay by @HillRabbit on the decline of Congress, recent bipartisan efforts to strengthen the legislative branch, and the likely challenge of a post-Chevron world. https://t.co/QOxJ7mNNiC https://t.co/MlOZLlCNF5
