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Supreme Court shifts power over federal regulations from agencies to judges
(www.politico.com)
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this post was submitted on 28 Jun 2024
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This means that anyone who doesn't like a particular rule or regulation can pick a venue with a friendly judge, challenge it in court, and likely get the outcome they want. Even if judge shopping wasn't a major problem right now, this would still be a bad idea. The reason Chevron told judges to defer to agencies in matters where the interpretation is ambiguous is because those agencies have the experience and and expertise to understand the issues involved far better than a judge who has to try to master the subject from inside the courtroom.
This is all the more crazy in light of the recent racial gerrymandering decision, where Alito not only ignored the deference that appeals courts are supposed to show to trial courts (where the case is actually experienced and not just summed up in a brief) but then says that the judicial branch must defer to the legislators when they claim that they are being fair. So judges can just override the executive branch in subjects that they likely do not understand, but they can't actually contradict the legislature over something like whether a policy is violating someone's constitutional rights, despite that being one of their core functions for the past couple of centuries.
Chevron didn't only apply in areas of niche expertise it also applied to the whole statute. Meaning questions on what words like "other" meant or questions like what a "reasonable measure" was couldn't be heard by judges even though they normally decide those issues. The agencies like the DEA under Chevron could interpret criminal statutes to have new meaning without any legislative action.
Perhaps it's culling was a bit much but it was far to broad.