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Regulatory agencies create "laws" all the time. When Congress creates legislation, they rarely spell out all the details and implementations. This is left to th
by greedo 5y ago
Regulatory agencies create "laws" all the time. When Congress creates legislation, they rarely spell out all the details and implementations. This is left to the agency to interpret, and they have a wide latitude in both interpretation and enforcement.
- ynx 5y agoYou're referring to Chevron deference and/or Auer deference, and it is worth noting that those are in the long process of being curtailed/attacked heavily. :(
- greedo 5y agoChevron defense is separate and distinct from Auer defense. The Chevron defense applies to Congressional legislation, Auer is applied to an agency's own vague regulations. I have no issue with restricting the Auer defense. If an agency issues vague regulations, then that's their own fault. You're correct that they're both being attacked, but the underlying issue won't go away; Congress can't/won't dictate every detail of legislation especially when it comes to general/vague legislation. They have neither the inclination nor domain knowledge to do so.