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Search resuls for: "Andrew Mergen"


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The real question, then, is if Congress fails to act, should the administrative agencies be the second choice or the courts. I am confident that the administrative agencies are the better choice. Courts are not experts and are not responsive to the electorate. By contrast, administrative agency heads are appointed by the current president, who, the Electoral College notwithstanding, is responsive to the will of the people. Moreover, unlike judges, administrative agencies have true subject matter expertise, and that was the entire premise of the Chevron decision, as noted by no less a jurist than Justice Antonin Scalia.
Persons: David French, Jody Freeman, Andrew Mergen, Jan, Antonin Scalia Organizations: Chevron
The Supreme Court heard arguments on Wednesday in two cases inviting the justices to drastically restrict the authority of federal agencies, upend decades of precedent and take more power for themselves. At least four members of the court seem prepared to do so. The question is whether Chief Justice John Roberts or Justice Amy Coney Barrett will go along with them to provide a majority. Out of respect for precedent and judicial humility, they should not. Conservatives have been stalking this precedent for years, believing, in the words of Justice Neil Gorsuch in 2016, that it gives “prodigious new powers to an already titanic administrative state.”
Persons: John Roberts, Amy Coney Barrett, Neil Gorsuch, Organizations: Chevron, Natural Resources Defense Council, jettison
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