The Importance of the Chevron case ... reminder worth the repeat ...
The Hill ^ | June 18, 2024 | ANASTASIA BODEN
Posted on 6/19/2024, 12:40:54 AM by where's_the_Outrage?
The Supreme Court's recent blockbuster cases have had to do with hot-button issues like abortion, racial preferences and guns. But this year, one of the court's most highly anticipated cases has to do with fishermen and administrative law. Don't be fooled. It may sound dry, but it's a fascinating case that could upend a deep injustice in the way that courts treat people who find themselves at odds with powerful executive agencies.
In Loper-Bright Enterprises v. Raimondo, the court will consider whether to do away with a doctrine called Chevron deference. Chevron states that when resolving cases between administrative agencies and individuals, judges don't engage in typical judging. Rather than applying their own considered judgment about a case, where the relevant law is “ambiguous,” the court must defer to an agency's “reasonable” interpretation of the statute.
Put another way, where an agency is prosecuting someone and threatening them with ruinous fines or penalties, and the person alleges that the agency got the law wrong, the court must defer the agency's interpretation so long as it's reasonable — even if an objectively better interpretation exists.
Defenders of Chevron deference say the doctrine prevents courts from replacing the technical expertise of executive agencies with their own personal preferences. But this rationale gets judging fundamentally wrong.
https://freerepublic.com/focus/f-news/4245241/posts
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As a believer that the US Constitution was made to limit government I believe courts should defer to citizens, not government agencies.
1 posted on 6/19/2024, 12:40:54 AM by where's_the_Outrage?
Hear, hear!! An agency should NEVER decide what is right, or, law.
Chevron deference is UNconstitutional.
If the agency isn't happy about a law, it's up to Congress, or, other elected legislators to change that law.
GERMANY: Woman Convicted Of “Offending” Migrant Gang Rapists Receives Longer Prison Sentence Than The Rapists - calling him a “dishonorable rapist pig” for a gang rape of a 14-year-old seems mild
Interesting.