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> Yes: I do think that Loper means that courts aren't going to do this kind of freelancing anymore. And yet, the court seems to have rendered a decision. They
by wtallis 2y ago
> Yes: I do think that Loper means that courts aren't going to do this kind of freelancing anymore.
And yet, the court seems to have rendered a decision. They don't seem to have declared that the question is not theirs to answer.
- tptacek 2y agoSorry, you're right. I spoke imprecisely. The courts aren't going to allow the regulatory state to do this kind of freelancing anymore. The courts themselves will continue to produce judge-made law, of course. Which is Kagan's complaint in her Loper dissent.