Goodbye, Chevron: Rediscovering the Virtues of an Independent Judiciary

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