2 ms·
Sort of. My understanding is that courts very much have the power to knock down agencies acting outside of their legislative authority, even under Chevron. That
by w4 3y ago
Sort of. My understanding is that courts very much have the power to knock down agencies acting outside of their legislative authority, even under Chevron. That’s not what the debate about Chevron is about.
The debate around Chevron is about the deference that the courts have decided they must give to actions taken by the agencies which are a “reasonable” reading of their enabling statutes. In practice this means that the courts cannot review the vast majority of the actions of agencies, unless those actions are outrageous oversteps of the authority they were granted by Congress.