The Supreme Court vs. the executive branch

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It's not sexy, but it's forever.

These rulings aren't always the ones that grab the public's attention.and they touch just about every executive action of any significance that any future president will ever attempt.deference."

When Congress writes laws, it directs agencies in the executive branch to implement those laws. And the regulations those agencies write are often challenged in court.held that, when the courts are dealing with one of those disputes, and when the underlying law is vague or unclear about what the relevant agency should do, the courts will defer to the agency's interpretation, as long as it's reasonable.

might have applied, the justices have simply done their own analysis rather than deferring to regulatory agencies.in lower courts. Formally overturning the doctrine means that the federal government will no longer get the benefit of the doubt at any stage of a lawsuit — which will almost certainly lead to more lawsuits, and more regulations being struck down.

The court held, for example, that OSHA could not justify a vaccine mandate in workplaces by pointing to laws in which Congress told OSHA to generally look out for workplace safety. The vaccine mandate was too "major" to rely on a general grant of authority.The court will use the major questions doctrine to kill the most ambitious things presidents try to do on their own. The end of Chevron will mean that the courts second-guess nitty-gritty regulatory decisions more often.

All of this applies to the whole government, all the time — and that will dramatically curtail every president's ability to try to solve problems on their own.Share on linkedin

 

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