Comment by yieldcrv
1 year ago
Just because there is an ongoing consensus failure in our democratically elected components doesn’t mean we should skip the democratically elected components
This court has been very consistent about that and we’re going to have it until the 2050s so get with the program
> Just because there is an ongoing consensus failure in our democratically elected components doesn’t mean we should skip the democratically elected components
I'm not sure where you see how Chevron skips those components. Congress gives authority to an agency and indicates what it wants done. Chevron says the agency (using qualified agency specialists) are who Congress intends to work out the many, many details that are impossible to write into effective law.
>Chevron says the agency (using qualified agency specialists) are who Congress intends to work out the many, many details that are impossible to write into effective law.
That's not entirely accurate. The doctrine only applies to ambiguous statutes and it's really that an agency has the authority to decide what Congress meant when it wrote them. The question is whether an agency can interpret what Congress intends for it to do, or if that should be left to Congress for clarification.
You make it sound like Chevron is the underpinning for execution of all statutory authority, and it isn't. It's an edge-case doctrine.