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Re: vinmantoo post# 253309

Wednesday, 10/09/2024 9:04:17 AM

Wednesday, October 09, 2024 9:04:17 AM

Post# of 257481
>>It is a very bad thing to gut the power of government agencies in one fell swoop.

Overruling Chevron was a very good decision. The Chevron Doctrine (CD) of deference to Agencies became a basis for the Agencies to create law from nothing. In practice it overruled the APA - The Administrative Practices Act that had granted review authority to the courts. It is the Courts duty to exercise independent judgment when interpreting law and applying the Constitution. CD impaired the separation of powers fundamental to Constitutional government. Justice Roberts commented that Chevron had proven "unworkable" in practice. The conservative justices found that Chevron led to regulatory overreach. The court also found that Chevron degraded the value that Stare decisis provided by reducing the quality of judicial rulings.

Overruling Chevron returns agencies to writing regulations that are clearly within their remit, fail that and they can be challenged in the Courts or the Agency can request additional statutory grants to do what they want to do. That is the way this should work.

It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes

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