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The recent Loper decision also expressly says Congress _can_ delegate to agencies, just that APA doesn’t do that delegation itself.
by ghayes 2y ago
The recent Loper decision also expressly says Congress _can_ delegate to agencies, just that APA doesn’t do that delegation itself.
- brookst 2y agoEh, but there will always be some level of detail that was not delegated. That's the bad faith side of Loper. It essentially says that every detail of every instance must be expressly included in the legislation. Which just isn't possible.
- WillPostForFood 2y agoLoper says nothing like that! I know that there were a lot of hot takes after the decision, but read it yourself. All Loper says is that when the law is ambiguous about agency powers, the courts get final say, they don't defer to the agency interpretation. https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf