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Justice Kagan for the longest time has been the liberal that tried to reconcile with the rest of the court. But she delivered her dissent orally and framed it
by w10-1 2y ago
Justice Kagan for the longest time has been the liberal that tried to reconcile with the rest of the court.
But she delivered her dissent orally and framed it broadly, signaling that there is no possibility of reconciliation.
That unfortunately will lead to less balanced decisions.
As for Chevron, this decision vastly expands the scope of political franchises by putting a brief review by a single (lifetime-appointed) federal judge on par with the entire administrative law process with hundreds of stakeholders and experts. It's not a win for rationality or settled expectations; it injects risk into every regulated field.