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Adam Bonin @adambonin
, 3 tweets, 1 min read Read on Twitter
This language from Justice Kennedy, in a concurrence today, is chills-inducing for anyone who understands the administrative state and modern American government.
For non-lawyers: Chevron is the case which allows for the modern administrative state. It says, basically, that agencies can promulgate regulations implementing congressional statutes, and can fill in the gaps and ambiguities so long as their construction is a reasonable one.
In other words, without Chevron's call for deference to administrative agencies' interpretation of statutes under their bailiwick, you'd have to go back to Congress to fill every textual nook-and-cranny in the law. And so nothing would get done.
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