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Progressive Dems Call for Codifying Chevron After 'Dangerous' Supreme Court Ruling | Common Dreams
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this post was submitted on 30 Jun 2024
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With Chevron, it would stand, without it the court gets to ignore all reason and reject an agency's interpretation even if it's sane and carefully constructed by experts. The court gets to challenge every individual decision and reason made by the agency which the law doesn't make explicit
As the ruling said. The chevron defense hadn't been used since 2016, agencies have their opinions overturned or narrowed more recently. Courts were already disagreeing with agencies, and the standard to take their interpretation was just wasting time.
As stated in the dissent, ignoring your own precedence for years to create an impression that a useful legal principle isn't useful and to create an excuse to overturn it doesn't make for an actual reasonable argument to overturn it.
On the flip side, if the agencies' interpretation is pants-on-head crazy it also stands under Chevron but shouldn't under a fair examination by a court.
"holding that such judicial deference is appropriate where the agency’s answer was not unreasonable"
So by definition no