Today’s decision is contrary to fundamental separation of powers principles enshrined in our Constitution. It also rests on a misunderstanding of the Administrative Procedure Act’s judicial review provision—that provision does not demand overruling Chevron, as Justice Kagan explained in dissent. Yet both immediately before and after the APA was enacted in 1946, the Supreme Court regularly decided those questions by deferring to agencies’ reasonable interpretations when faced with statutory ambiguity. By rejecting that approach today, the Court in fact has upended judicial practice dating back much further than 1984, the year that Chevron was decided. This is all because, as Justice Kagan put it, “today’s majority has lost sight of its proper role.”

Source: Washington Post June 28, 2024 15:22 UTC