I have an article in the Orange County Register today about the Supreme Court abolish the doctrine of Chevron deference. Excerpt:
The U.S. Supreme Court took an important step in defense of both democracy and freedom on Friday when it overruled a 1984 case called Chevron v. NRDC. That decision—which gave federal bureaucracies power to essentially act without meaningful legal limitations—was adopted out of a concern for “judicial restraint.”
It required judges to accept (or “defer to”) legal interpretations adopted by unelected bureaucrats, despite the fact that judges are supposed to be the ones responsible for interpreting the law. The predictable result was that administrative agencies began interpreting laws in ways that expanded their own power. In other words, a “restrained” judiciary ended up meaning an unrestrained bureaucracy.
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