"If you look at it skeptically, this would amount to judges giving themselves more power,"…
Monday, January 17, 2022
The Supreme Court’s Right Turn Goes Way Beyond Guns And Abortion | FiveThirtyEight
In the case involving the hospitals, the justices could, for instance, reconsider a judicial doctrine first established in a 1984 case involving the energy company Chevron, which gives federal agencies a lot of wiggle room to interpret the laws they're charged with carrying out. The idea behind the Chevron doctrine is that Congress can't anticipate all of the minute problems and wrinkles that crop up as laws are enacted, and agencies' experts are capable of making reasonable decisions in situations where the law is ambiguous — and perhaps, most importantly, are in a better position to make those calls than judges. The climate change case, meanwhile, involves a dormant legal doctrine called "nondelegation," which limits how much power Congress can delegate to federal agencies. In recent years, conservative justices — especially Justice Neil Gorsuch — have been clear about their desire to curtail or overturn the Chevron doctrine, and bring back the nondelegation doctrine…
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