How this Supreme Court pick
could cement Trump’s real economic legacy
“In its 1984 Chevron
decision, the Supreme Court declared that when a law passed by Congress is
silent or ambiguous on an issue of how an agency should exercise its regulatory
authority, the courts should defer to the reasonable judgment of the agency. In
the years since, this “Chevron
deference” has provided the legal basis for hundreds of regulations protecting
consumers, workers and the environment promulgated under laws that, in many
instances, could never have anticipated the economic, social and technological
changes that would necessitate them decades later.
“But to the business community and legal and ideological conservatives,
Chevron has come to be seen as a
giant legal loophole that has led to the creation of a vast “administrative
state” that has encroached on the power of Congress to make the laws and the
judiciary to interpret them. And no two judges have been more closely
associated with the campaign to pare back Chevron,
or overturn it completely, than President Trump’s first two Supreme Court
nominees, Neil M. Gorsuch and Brett Kavanaugh.”
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