All eyes are on the Supreme Court as the Justices issue some of their most significant—and controversial—rulings of the term. But the case with the biggest impact on our daily lives won’t be the one with the most headlines or the most tweets about it.
Forty years ago, that system went out of balance. The Supreme Court ruled in Chevron v. NRDC that the Court, and courts following its precedent, would defer to administrative agencies on how to interpret the laws they were supposed to carry out as long as they are “reasonable.” Not all regulations are bad. Regulation is a critical function of government and necessary to the proper functioning of the private sector. But regulations must be made according to the laws written by our elected representatives. Otherwise, the voters don’t get a voice. When regulators know they have a blank check from the courts, the result is often regulatory malpractice.
When the commissioner’s comments were published, people were outraged to hear that they might lose their choice in appliances—and especially outraged because no one had ever taken a vote on it. They had no idea where the commissioner got the power to do something like that. For a decision this important, people should get a vote and a voice.
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