Fannie Mae-No Politics (FNMA)

[Robert from yahoo bd]

From the NFIB Amicus Brief: "Further,
Chevron raises due process and judicial independence
concerns because it “turns over to one party” in the
case, that is, the executive branch and agency being
sued, “the authority to say what the law means.” Id.
at ¶ 35; see also The Federalist No. 10, at 57 (James
Madison) (Easton Press ed., 1979) (“No man is allowed
to be a judge in his own cause.”); Philip Hamburger,
Chevron Bias, 84 Geo. Wash. L. Rev. 1187, 1211 (2016)
(“One of the costs of deference . . . is that it
systematizes biased judgment in violation of the Fifth
Amendment’s guarantee of due process.”)."

V. Chevron has led to agency self-
aggrandizement, legislative indifference,
and judicial passivity.
1. Under Chevron agencies almost always
win—but not necessarily because they
are right.