Comment by dpierce9
1 year ago
Chevron eliminated discretion regarding how an agency interprets what powers it has been given if the law is unclear about such things.
It does not eliminate the ability to make and enforce rules if those powers/rules are clearly within the scope of the law.
I have no idea about this FTC decision on this second point but agency lawyers tend to be pretty careful about such things.
It doesn't really remove the discretion within the executive branch agencies. They still have to do some level of interpretation of what Congress really wanted.
Removal of Chevron effectively means a judge then gets to second-guess that interpretation. Previously, they were supposed to defer to the SMEs in the executive.
Thankfully our court system isn’t already extremely overburdened, so this is going to go really well.