Comment by rayiner
4 hours ago
No, the comment is complete misinformation. In particular:
> A consequence of that was that the Supreme Court accepted an interpretation that executive agencies should be government by the Administrative Procedures Act ("APA") instead.
Executive agencies were always governed by the Administrative Procedures Act. The law was created in 1946 for the purpose of governing executive agencies.
OP is completely wrong about what Chevron and Loper Bright were about. Agencies have always had to do rulemakings with notice and comment to promulgate regulations. Those rules obviously have to follow the statutory law.
Chevron was about what happens when an agency action is challenged in court and the statute is ambiguous. Chevron says the agency gets deference from the court in deciding what the law means. The court has to accept ghr agency’s interpretation as long as it’s reasonable.
Loper Bright says the court has to decide what the law means itself, just like it does for any other law.
More broadly, this isn’t even a “conservative” versus “liberal” issue. Scalia was the biggest champion of Chevron and Gorsuch authored Loper Bright. Both were/are Federalist Society guys. This is an internal disagreement among conservatives about whether agencies or courts have the last word on what statutes mean.
So here was the first version of your comment that I saw:
> The comment is misinformation. For example:
>> A consequence of that was that the Supreme Court accepted an interpretation that executive agencies should be government by the Administrative Procedures Act ("APA") instead.
> Executive agencies were always governed by the Administrative Procedures Act. The law was created in 1934 for the purpose of governing executive agencies.
So this seemed like the most ChatGPT comment, particularly because it made factual errors (eg APA was 1946 not 1934) but, hey, at least you corrected it. Maybe it was run through ChatGPT after the fact? I found this [1]:
> The U.S. doesn’t have a real statutory pathway to permanent residency for skilled immigrants. The current H1B to Green Card pipeline is built on a legal fiction papered over a visa program that was the word “non-immigrant intent” written all over the statute.
> Gemini gets this correct: “The H-1B visa is a nonimmigrant classification that allows U.S. employers to temporarily employ foreign nationals in ‘specialty occupations’ that require highly specialized knowledge and at least a bachelor's degree.”
Gemini, huh?
So back to the merits. Let me quote the actual decision [2]:
> Held: The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron is overruled
This was what "Chevron deference" actually was: presumptive validity of agency interpretations vs what we have under Loper Bright where the APA is the only way of changing agency interpretations (other than Congress passing laws, of course). So, under Chevron, the USCIS could issue this memo and courts would've had to have largely deferred to the agency interpretation. Now they don't have that defense.
Or, to put it yet another way, it's what I said.
You should probably disclose your politics here. I'll use as an example this George Floyd comment [3].
[1]: https://news.ycombinator.com/item?id=48188084
I made a typo and wrote “1934” instead of “1946,” which I quickly corrected.
Your comment meanwhile is still fundamentally wrong about the most basic facts: “A consequence of that was that the Supreme Court accepted an interpretation that executive agencies should be government by the Administrative Procedures Act (‘APA’) instead.”
The whole point of the APA was to govern executive agencies. So you’re wrong about the most basic premise of your post.
> This was what "Chevron deference" actually was: presumptive validity of agency interpretations vs what we have under Loper Bright where the APA is the only way of changing agency interpretations
Incorrect. The APA allows agencies to proceed in two ways: rulemakings and case by case adjudications. Agency interpretations can arise in either context. You don’t need a rule making to change an interpretation. You only need one to change something that was already a rule.
> Gemini, huH?
Yes, I quoted Gemini as a rhetorical device. “Even Gemini knows” that H1B is a temporary immigrant visa, not a pathway to permanent residency.
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