Comment by rayiner

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.