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Goodbye, Chevron: Rediscovering the Virtues of an Independent Judiciary

BY | October 24, 2024

The Supreme Court’s overruling of Chevron is welcome news from a rule-of-law and separation-of-powers standpoint. Chevron had been based on agencies’ superior subject-matter expertise and democratic accountability. But its presumption…

The Supreme Court’s overruling of Chevron is welcome news from a rule-of-law and separation-of-powers standpoint. Chevron had been based on agencies’ superior subject-matter expertise and democratic accountability. But its presumption of implicit delegation of binding interpretive power was always in substantial tension with delegation-limiting features of administrative law, including hard-look review and (more recently) the major questions doctrine. Moreover, foundational judicial review c

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