I think all of your points are important to think about — but, I also think that there will be an asymmetry to the post-Chevron approaches between the left and the right, with more left-leaning judges fighting to justify decisions that right-leading (or just far-right) judges won't feel as much of a need to do. That, in and of itself, could ... change the change ... as it were.
I think all of your points are important to think about — but, I also think that there will be an asymmetry to the post-Chevron approaches between the left and the right, with more left-leaning judges fighting to justify decisions that right-leading (or just far-right) judges won't feel as much of a need to do. That, in and of itself, could ... change the change ... as it were.
True. On the whole, the left is on its back foot now, and can no longer look to the federal judiciary as a check on the right; so regulatory agencies acting under Chevron would serve as that check. (I hope that's a proper appreciation of your statement). But Chevron, essentially, reinforced the actions of whatever philosophy held a majoritarian position, by streamlining the process of enforcing that position. But what if that majoritarian position switches poles? Would an authoritarian like or dislike having powers created by Chevron?
I think all of your points are important to think about — but, I also think that there will be an asymmetry to the post-Chevron approaches between the left and the right, with more left-leaning judges fighting to justify decisions that right-leading (or just far-right) judges won't feel as much of a need to do. That, in and of itself, could ... change the change ... as it were.
True. On the whole, the left is on its back foot now, and can no longer look to the federal judiciary as a check on the right; so regulatory agencies acting under Chevron would serve as that check. (I hope that's a proper appreciation of your statement). But Chevron, essentially, reinforced the actions of whatever philosophy held a majoritarian position, by streamlining the process of enforcing that position. But what if that majoritarian position switches poles? Would an authoritarian like or dislike having powers created by Chevron?