1) Chevron Deference was originally only for departmental regulations implementing congressional statutes, not for re-interpreting criminal laws.
2) Chevron Deference is an important concept that prevents every single little rule from being litigated, which would paralyze the courts and our economy.
3) Chevron Deference has been way over-interpreted by the lower courts over the years, and needs to be reigned in and more narrowly defined.
4) Chevron Deference does not need to be abandoned altogether.
Agreed. Chevron came to be because judges got tired of supervising agencies. But once ensconced as a legal doctrine, agencies used it to do things that went way beyond reasonable interpretations.
Reading your listed items 1-3 tells me we should ABANDON Chevron Doctrine 100%!
If the law is so poorly written that complete enforcement of said law is up to the determination of whoever is in charge that week, then it is a bad law and should be litigated.
If such litigation slows the economy or paralyzes the courts, all the better for America to SUFFER from the works of the idiots whom they place in Congress and the White House!
The sooner people start feeling the pains of their stupid elections, the sooner people will start voting for people other than by name recognition, or if they have “cute tits”, or with the “I would sleep with him” thought processes!! Stupidity SHOULD HURT...especially voting stupidity!
What needs to be abandoned is that government agencies can just create rules and they come into effect after a waiting period.
New regulations should be submitted to Congress for their approval. The constitution only gives congress the ability to make laws.
For those who say this is too complicated, remember that for the first 150 years of this country the average American only ever interacted with one federal agency: the post office. We don’t need layers of regulations imposed by unelected bureaucrats.
Chevron deference is thoroughly unconstitutional.
Chevron encouraged congress to write vague laws. “As the secretary shall direct” should be anathema in a Constitutional republic.