Last Wednesday, over the course of three and a half hours of arguments, the conservative and liberal justices on the U.S. Supreme Court jousted over whether to overrule a 40-year-old case called Chevron v. National Resources Defense Council.
The Chevron case is famous among lawyersāitās among the most cited cases of all timeābecause it established the principle that the courts should defer to federal agencies when they interpret the law in the course of carrying out their duties. That may not sound like a big deal, but it is. Chevron shields the executive branch from overly intrusive court review, giving it the flexibility to do its work.
But the case is under threat. Conservative justices on the Supreme Court want to dismantle Chevron, believing that deference is improper because courtsānot federal agenciesāought to say what the law is. They may have the votes to scrap the case outright; if not, they will almost certainly narrow its scope.
ā¦
Wherever the truth lies, ditching Chevron is only one part of the conservative legal movementās ever more successful campaign to intensify judicial controls over the administrative state. In recent years, the justices have produced a new āmajor questions doctrineā to restrain agencies that do things of great economic or political significance. They have toyed with telling Congress that some of its delegations are so broad as to be unconstitutional. They are exploring new limits on the types of cases that agencies can resolve. And they seem to have upped the intensity with which they review whether agency decisions are āarbitrary.ā
Court ruling on whether courts should have more power. There goes checks and balances
Donāt forget, that SCOTUS also gave themselves the right of judicial review out of thin air.
Isnāt the line āJohn Marshall has made his decision, now let him enforce itā? The Executive Branch is literally the enforcement arm of the Federal Government. I think they kinda have the upper hand vs. the Judicial Branch.
Just make a decision and enforce it. Let the Judicial Branch tie itself in knots worrying about it.