Thread by @ProfMJCleveland

🚨🚨🚨THREAD: Some quick hot takes on the Chevron arguments (notes for myself too!).
1/ Ridiculous whipsaw: Left Justices--Chevron never arises, it's nothing, it's really only a rare tie breaker. Biden Administration: Overruling Chevron will destroy our Republic.

2/ Oh the humility...Kagan (I think) frames overruling Chevron as proving the Court is a bunch of right-wing fanatics with no humility. Backfires totally, when humility means admitting you are wrong is raised with Scalia as example.

3/ Do what we do in every other case: Kavanaugh made the cleanest, simplest, answer to what happens post Chevron. And the one judge referenced who never gets to stage two proves it can be done. It isn't though because Chevon is an easy punt.

4/ The claims that Chevron builds stability can't fly given the constant reversal of regulations. Stability comes from Americans being able to rely on the best/most informed statutory interpretation.

5/ Congress needs to do its damn job! Clement made the point, which @NCLAlegal highlighted in Loper amicus brief that Chevron fosters extremes & prevents compromise.

@NCLAlegal 6/ Page 27 of brief elaborates here: nclalegal.org/wp-content/upl…

@NCLAlegal 7/ Kavanaugh again nailed the point that on the ground Chevron is a much bigger problem because lower courts don't do the hard work of statutory interpretation because Supreme Court said they didn't have too.

@NCLAlegal 8/ I kept waiting for (and was disappointed when), the response to why judge and not agency make that decision, ...because that's what Article III says.

@NCLAlegal 9/ The remind them again solution Biden Administration presents is silly....because a) it doesn't work; and b) as Kavanaugh stressed re footnote 9 in Chevron, the remind them again to do step 1 IS the answer and then there is no deference.

@NCLAlegal 10/ Also, love, love, love, the Skidmore deference isn't deference point!!

@NCLAlegal 11/ Tea leaf reading: Chevron is overturned BUT whether based on APA or constitution, I'm unsure. My gut is base constitution because this Court is focused on constitutional structure points.