Comment by remarkEon
1 year ago
>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.
Congress can just overrule federal bench by saying their wrong and writing clarifying language. Very popular example of this is Lilly Ledbetter Fair Pay Act that specifically made it that issuing a discriminatory paycheck restarted 180 day clock.