Supporters of the rule of law should welcome the Supreme Court's abandonment of the so-called 'Chevron doctrine.' Most of its supporters misunderstand it. The rule, named for a case involving that gas giant, is that courts should defer to the judgments of administrative agencies. What doctrine supporters ignore is the kind of judgments at stake in the Supreme Court's overruling of Chevron on June 28.Supporters of Chevron deference see a power grab in the offing.
If they were satisfied administrators had been reasonable, judges simply said, 'not my job,' and let the agency's view stand.But this was always bad reasoning. As Chief Justice Roberts pointed out, since Marbury v. Madison in 1803 it has been settled that 'it is emphatically the province and duty of the judicial department to say what the law is.' And congressional inaction is hardly reliable.
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