Matt Swift @mswift.bsky.social

Mark, I know the current Congress won't do this, but could a sane Congress (lulz), create a Chevron Law that would tilt the balance back?

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Anna Rompage @urbanfarmer3321.bsky.social [ View ] Jun 28, 2024 at 18:00 UTC

The SCOTUS will just overrule it They have already proven themselves more than willing to declare actual reasonable law to be unconstitutional

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Max Kennerly @maxkennerly.bsky.social [ View ] Jun 28, 2024 at 18:05 UTC

In theory, yes, Congress can amend the APA to restore Chevron. In practice, no. SCOTUS will either pretend the amendment is ambiguous (like they just did with the bump stock case), or they'll adopt Thomas's argument that it's unconstitutional.

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Jon Pennington @jonpennington.bsky.social [ View ] Jun 28, 2024 at 18:23 UTC

Jamelle Bouie posted this Harvard Law Review article. The tl;dr is that the Roberts Court is an "imperial court" that is play a game of Calvinball to strip away from any other alternative source of rule-making power (the executive, the bureaucracy, Congress, lower courts etc.) other than itself.

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