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