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1238, 21 Jan 24

Law

SCOTUS Takes Aim at Chevron Doctrine

Yes. Kill it. Weaker government is better government.

What’s next

 

Legal experts say the court’s conservative justices appear very likely to significantly reduce the scope of the Chevron doctrine, if not eliminate it altogether. A final ruling is expected in early summer.

Perspectives

 

If Chevron is eliminated, the government’s power to do just about anything will be weakened

 

“​​Here’s the bottom line: Without Chevron deference, it’ll be open season on each and every regulation, with underinformed courts playing pretend scientist, economist, and policymaker all at once.” — Mark Joseph Stern, Slate

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1238, 21 January 2024

Law

4 Comments

  1. dad29

    it’ll be open season on each and every regulation

    Searching in vain for a downside there….

    ,with underinformed courts playing pretend scientist, economist, and policymaker all at once

    No. They’ll be doing what they should do: forcing Congress to legislate and Presidents to sign or veto.

  2. MjM

    Now do the highly abused “qualified immunity”. The two are often entwined.

  3. fethiye

    Thanks for information

  4. Merlin

    >If Chevron is eliminated, the government’s power to do just about anything will be weakened

    That’s wishful thinking predicated on government honoring the rule of law. At the federal level they won’t hesitate to weasel their way around any court decisions they don’t agree with and dare you enter the long process of challenging policy. The last three years has shown that there is not a practical mechanism to force the government to enforce laws at odds with the prevailing power’s political ideology. You’re expecting honorable behavior from dishonest people. How’s that likely to go?

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