Comment by remarkEon
1 year ago
>The problem with your argument is that, for decades, congress has been passing and failing to update laws under the understanding that the courts would apply Chevron deference.
It is literally the job of Congress to update laws. That they are bad at doing that is not relevant to the place of the Court in the structure of this country's government.
>If the courts decide to get rid of that, they're intentionally misinterpreting the laws that congress has passed over that time.
The opposite of this is true. If the Court decides to jettison Chevron deference (you should look in to why that case is called "Chevron") it means that gasp our legislators have to actually listen to constituents and write laws and not just bet that the executive branch in the next election cycle agrees with them.
That’s not quite true.
Overturning Chevron means federal courts no longer have to give deference to agency experts. Unelected judges will have free rein to impose their own views in these cases.
Nothing about Chevron will force Congress to write more precise laws.
Courts acting as authorities of last appeal doesn't sound like some class of people imposing their views. They're just doing their jobs, and I don't see why they should be less trustworthy than (also unelected) bureaucrats.
It's less about being more or less trustworthy and more about spheres of competence. Judges are experts on the laws that are written, but they cannot be experts in all the areas Congress requires regulation.
People are not interchangeable: if you take a financial regulatory expert from SEC and move them to FDA and ask them to regulate drug adjuvants, you're not going to get great results. Dropping Chevron would put judges in the position of being experts in all the fields where Congress requires regulation.
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>Unelected judges will have free rein to impose their own views in these cases.
As opposed to unelected bureaucrats who serve at the whim of the executive branch and are often political appointees? Do you not remember the meltdown this site had over Trump's FCC commissioner and his views on net neutrality?
Yes, exactly.
If an executive agency steps out of line, Congress can defund it or pass other legislation clarifying their intent.
No such mechanism exists with the federal bench (other than impeachment).
All Chevron does is impose a restriction on the federal courts when deciding cases brought against the executive branch. It doesn't give bureaucrats free rein to do what they want.
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