bighairymike: ...regulatory agencies would be more careful and responsive to citizen input...

Citizen input? On extremely technical legislation? Like 5G cell towers and windmills cause cancer?


bighairymike: ...knowing they may be forced in court to provide actual supporting evidence for what appears in their regulations.

Congress gives federal agencies the power to make policy choices for good reason: legislators are not technical experts and will never be able to write laws with specific technical details.

If Chevron is overturned and agencies no longer have that power, then who will make policy decisions? The courts. And as Sotomayor pointed out during questioning, since justices “routinely disagree” about a law’s meaning the courts will find it impossible to agree on a “best” interpretation of a law.

Yet courts will have to make those kinds of policy decisions anyway. Or tell legislators to rewrite the law, which they cannot do because they're not technical experts.

A variation of Catch-22.

US Policy FAQ

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