The sheer stupidity of that argument is mind-blowing. When you have a government agency with dedicated technical resources, but you will rather a bunch of couple hundred of people with different backgrounds make specific rules about everything. That's just madness
In a https://www.scotusblog.com article, Amy Howe quotes the Chief Justice as saying "Chevron deference, Roberts explained in his opinion for the court on Friday, is inconsistent with the Administrative Procedure Act, a federal law that sets out the procedures that federal agencies must follow as well as instructions for courts to review actions by those agencies. The APA, Roberts noted, directs courts to “decide legal questions by applying their own judgment” and therefore “makes clear that agency interpretations of statutes — like agency interpretations of the Constitution — are not entitled to deference. Under the APA,” Roberts concluded, “it thus remains the responsibility of the court to decide whether the law means what the agency says."
I ought to go read the decision for myself, which I have to this point not yet done. I am not an attorney, but do have a general interest in these matters.
But back to the earlier poster's notes, ATF has been a prime example. They have a history of capricious reinterpretation at the whims of whichever administration is in power. They issue letters to people and businesses that say one thing is okay and then outlaw in without any law changes a decade later. I have never owned a pistol brace, but they stated it was an acceptable innovation for certain applications, thousands and thousands of people relied on that, they issue a rule making comment period and get feedback and then threw all of that out and came out with a final rule that bore no resemblance to the one in the comment period. Then they stand behind Chevron that the courts had to listen to their interpretation. It is legal "heads, I win" and "tails, you lose!"
https://en.wikipedia.org/wiki/Loper_Bright_Enterprises_v._Ra...
If the interpretation in Loper Bright was not "reasonable," the Supreme Court already had the tools it needed to reverse the agency without breaking any precedent. If on the other hand it was reasonable, why should the courts be getting involved?
Removing Chevron simply allows the courts to select their preferred policy outcomes more directly.
What came before this was at least 15 years of tort action, a patchwork of civil rulings across a wide variety of jurisdictions, and generally, confusion and ambiguity. Not the stuff of efficient government.
From my perspective, this rulemaking is pretty close to ideal. I did not dream of getting such a clear, detailed direction from a federal agency. I think my jaw may have literally dropped as I read through it. I think the web accessibility is an interesting example, because it's not a bloated bureaucracy harassing some fishermen, it's an agency trying to prevent the government from violating your civil rights.
So, is the idea that Congress would have accomplished this instead? I just can't imagine that happening.