Saturday, June 29, 2024

The Supreme Court gives the right a huge victory over expertise - The Washington Post

"A rule of judicial humility gives way to a rule of judicial hubris," she wrote. She later added another pointed criticism: "In one fell swoop, the majority today gives itself exclusive power over every open issue — no matter how expertise-driven or policy-laden — involving the meaning of regulatory law." 

"As if it did not have enough on its plate," Kagan continued, "the majority turns itself into the country's administrative czar." 

The decision is unquestionably a function of the business-friendliness of the conservative majority. Revoking Chevron means that businesses frustrated by regulations don't have to appeal to scientists and bureaucrats but can, instead, hire lawyers and talk to judges — terrain where their odds of success are much higher in part because the judges aren't subject-matter experts…


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