Comment by alistairSH
1 year ago
Even worse than near-blanket immunity for the President? I guess we'll find out in January!
But yeah, the inconsistent rulings from the bench will be a total dumpster fire.
1 year ago
Even worse than near-blanket immunity for the President? I guess we'll find out in January!
But yeah, the inconsistent rulings from the bench will be a total dumpster fire.
Why do you think there will be inconsistent rulings? Wouldn't any such case be accompanied by subject matter expert opinions and testimony?
Judges aren't perfect and they aren't completely apolitical. If they were, we wouldn't need appeals courts and SCOTUS.
With Chevron in place, that imperfection was somewhat managed by deferring to the experts in the executive branch who were tasked with implementing the rules provided by Congress.
Without Chevron, a non-expert judge has to decide whose experts they believe.
Additionally, the removal of Chevron opens to doors to a massive number of cases that likely wouldn't be filed under Chevron. So, we're also adding caseload to an already overburdened justice system.
But experts aren't perfect either... I'm not sure how good of an argument this is if it just boils down to trusting a different set of experts and believing one is somehow inherently better than another? Or maybe I misunderstand.
13 replies →
administrative agency employees are much more political than judges
2 replies →