I hope so. It’s about time to roll back some of the authority federal agencies have taken for themselves.
Exactly right. The problem with the Chevron doctrine is that as it has been interpreted and applied, it works as a one-way ratchet in favor of ever expanding agency authority.
It’s one thing to defer to an agency’s interpretation of issues when they truly involve technical matters beyond the scope of an average judge. It’s quite another to defer to an agency interpretation that expands it’s own jurisdiction, simply because the agency wants more power, or thinks it can “do better.”
In the latter circumstance, the Court should say “no,” and tell the agency that it needs to get Congress to explicitly approve the expansion of its authority.
Chevron gave authority to the federal agencies.
It also encouraged congress to write ambiguous “as the Secretary may direct” sorts of laws to deflect responsibility.
It’s about time to roll back some of the authority federal agencies have.