Re:The Case for the U.S. Supreme Court to Overturn Chevron D...
by WarOnPrivacy on Tuesday January 16, 2024 @01:30AM
(#39010110)
Shifting regulatory decision making away from agency experts and gifting it to judges who have interesting notions instead of actual expertise - sounds a lot like something the WSJ editorial board would cheer on.
I guess legislating from the bench is suddenly sexy to the folks who were lambasting it not very long ago.
Re:The Case for the U.S. Supreme Court to Overturn Chevron D...
by remarkEon on Thursday January 18, 2024 @11:18AM
(#39043610)
>I guess legislating from the bench is suddenly sexy to the folks who were lambasting it not very long ago.
This isn't legislating from the bench. This is the Court telling the executive branch that they don't have the authority they think they do, and that congress needs to -gasp- write laws. The conceit of Chevron is that it has tricked an entire generation of Americans into thinking that unelected bureaucrats making rules is good actually.
I guess legislating from the bench is suddenly sexy to the folks who were lambasting it not very long ago.
Fairly early, the article discusses how this is about the execution of existing law
This isn't legislating from the bench. This is the Court telling the executive branch that they don't have the authority they think they do, and that congress needs to -gasp- write laws. The conceit of Chevron is that it has tricked an entire generation of Americans into thinking that unelected bureaucrats making rules is good actually.