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> This feels like one of those topics that may sound ok in theory, but breaks down in practice. The implication is that the judges must be well-versed enough in
by Gormo 2y ago
> This feels like one of those topics that may sound ok in theory, but breaks down in practice. The implication is that the judges must be well-versed enough in any domain brought before them to interpret the laws effectively
No -- subject matter expertise is not relevant per se, as what is being evaluated in these cases is not whether the policy advanced by a given agency is sound on its technical merits or factual basis, but whether it is within the bounds of the authority granted to that agency by the applicable statutes.
The courts aren't concerned with "crafting effective regulations", they are concerned with ensuring that the people who are tasked with doing so are operating consistently with prevailing statute law and the constitution.
And, considering that the judiciary is staffed with the world's foremost experts in statutory interpretation and constitutional law, this arrangement makes sure that all of the disparate facets of the process are being undertaken by the most qualified people available.
It's not appropriate to make officials who are hired on the basis of their knowledge of medicine, RF transmission, economics, etc. to bear the entire burden of determining the complex legalities of their authority. They have to step far outside their field of expertise and engage in textual analysis of statutory law or delve deep into constitutional theory to determine whether their rule-making process is indeed legally permissible. It's better to let the courts do their job here and tell them when they are out of line, so they can focus on doing their own jobs properly.
- bumby 2y agoMaybe I’m misunderstanding, but what you’re describing sounds like what I thought the case was before this ruling. The courts were deciding on the reasonableness of the agency interpretation. Now it sounds like the court is interpreting directly. To do the latter effectively, I still maintain you need a solid expert understanding of the domain. It sounds like we disagree on who is better equipped to make the kinds of interpretations necessary for effective policy. Like I said in another post, I don’t think we can pretend law can be abstracted and cleaved from the systems it regulates. The court admits they don’t have expertise in those systems. That makes me feel they are ill-equipped for the types of interpretations.
- mike_hearn 2y agoWhat you had understood and what he's describing is the situation pre-1984 and now post this judgement. I think a lot of the reason this thread has blown up is that the Chevron doctrine was really very strange and not at all how you'd expect the US legal system to have been working. It doesn't line up with any standard teaching of civics, for instance. The Supreme Court clearly felt the same way and has now instructed courts to go back to doing what everyone thought they were doing already.
- bumby 2y agoI don’t know that I agree. It’s exactly the understanding I was given from an engineering law course, for example. Prior to this ruling, the regulatory agencies were given latitude to interpret ambiguous law as long as they were determined reasonable by the court. It’s also what I think most people understand, given the way people rail against agencies rather than statutes. To be clear, I think there is a distinction between declaring if a law is constitutional and resolving ambiguities for non-constitutional, domain specific issues. I think the court is eminently qualified in one area, but much less so (by their own admission) in the other. I think those are two different aspects that often get conflated.
- Gormo 2y agoYes, you are misunderstanding. Chevron obligated the courts to defer to agencies' own internal interpretation of statute law whenever any ambiguity arose as to what the law said. Reversing Chevron has restored that function to the judiciary, where it belongs.
- bumby 2y agoI’m not misunderstanding then. Chevron still deferred interpreting ambiguity to the agency, but the courts could still check that based on a reasonableness standard. Now the court gets both aspects. Our difference is that I think that is a less good outcome because I believe domain expertise is necessary to effectively clear up ambiguity and the court admits they do not have that kind of domain expertise. I think the court should reserve power for constitutionality (their domain expertise) and leave resolving the ambiguity outside that to the regulatory experts of those respective domains.