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baryphonic | 1 year ago

I fail to see how this parade of horribles will happen. Under the Chevron regime, any random person could still sue, and provided that the lawsuit survived an initial motion to dismiss, then any questions involving an administrative agency policy would defer to that agency's interpretation of their own policy and the law authorizing that policy.

The only change now is that the agency will have to demonstrate to an independent Article III court that its policy is correct and compatible with the authorizing law. Stare decisis will still control the lower courts once new precedents are set, and people will have meaningful appeals again.

There might be some disruption in the short term, but in a decade or two, I expect the new normal will be fine, but with the benefit that people can meaningfully appeal self-aggrandizing administrative state rulings.

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