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this post was submitted on 30 Jun 2024
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I am hopeful this could pass. Congress knows they are not technical subject matter experts. They don't like looking like fools when they talk about the Internet being a bunch of tubes. They want to be able to pass legislation and delegate the details to experts, at least to some degree. They don't want the overhead of that nuance and detail it takes agencies to define. I am surprised the judiciary wants that responsibility..
With agencies Congress has a scapegoat to drag in the muck and make them look good on TV. Without agencies, Congress is responsible for their own laws and being very explicit about some technical details. They look bad if shit breaks now.
This ruling doesn't stop the ability to delegate. It stops the deference to the executive branch to interpret however they feel. If their interpretation is good, it can stand. Congress doesn't have to say how much heavy metal is acceptable in drinking water, it just has to explicitly say setting a limit is the responsibility of the agency.
With Chevron, it would stand, without it the court gets to ignore all reason and reject an agency's interpretation even if it's sane and carefully constructed by experts. The court gets to challenge every individual decision and reason made by the agency which the law doesn't make explicit
On the flip side, if the agencies' interpretation is pants-on-head crazy it also stands under Chevron but shouldn't under a fair examination by a court.
"holding that such judicial deference is appropriate where the agency’s answer was not unreasonable"
So by definition no