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In the 6-3 majority opinion, Chief Justice John Roberts wrote that Chevron "defies the command of" the Administrative Procedure Act (the law governing federal administrative agencies) "that the reviewing court--not the agency whose action it reviews--is to decide all relevant questions of law and interpret ... statutory provisions. It requires a court to ignore, not follow, the reading the court would have reached had it exercised its independent judgment as required by the APA."
Roberts noted: "Perhaps most fundamentally, Chevron’s presumption" (that statutory ambiguities are implicit delegations of authority by Congress to federal agencies) "is misguided, because agencies have no special competence in resolving statutory ambiguities. Courts do."
Roberts added that this decision does "not call into question prior cases that relied on the Chevron framework. The holdings of those cases that specific agency actions are lawful--including the Clean Air Act holding of Chevron itself--are still subject to statutory stare decisis despite our change in interpretive methodology." //
Jman98 Laocoön of Troy
an hour ago
Congress always had the power, they simply refused to use it. Congress could have always been specific in the language used in any given piece of legislation they wrote and passed. They purposely weren’t because specificity leads to responsibility and they’re not about that. By leaving things to someone else, bureaucrats in the Executive branch, they could then complain about how their purposely ambiguous legislation was badly implemented and dodge responsibility for what they’d done. How many times have they written in legislation “the Secretary shall” so as to punt all responsibility for what happens next? Hundreds, sometimes in the same piece of legislation. This is telling Congress to do their job right the first time. //
Minister of War Laocoön of Troy
an hour ago
I agree that the power should be returned to the people & their elected representatives. But Iam hesitant when I hear that the Court thinks that courts know better than anyone else. The SCOTUS may have just granted itself & the rest of the judiciary more power that they shouldn't have to do what amounts to writing laws.
Laocoön of Troy Minister of War
an hour ago
No...they've just thrown down the gauntlet and have warned the Executive to not play so fast and loose with regulation or the courts will take away even more power from them. This entire decision is an unmitigated, magnificent result.
I suspect that the lazy and cowardly Congress will end up forced by their donors and political supporters to stop at least some regulation overreach.