by abduhl | 2025-05-29 18:14:56+00:00
>> The whole reason Chevron came into existence is because it's impossible for Congress to pass explicit regulations for every little thing as soon as it's needed. So agencies were instead given broad legislative mandates like "keep the water clean" or "manage fish stocks" because it was impossible to enumerate every circumstance.

This misunderstands Chevron and the effect of its abandonment. Chevron stood for the proposition that the executive branch could generally interpret laws without judicial review (subject to a minimal standard which was nearly always met). What this meant in practice was that any agency could change its view on what the law means (and therefore change what the law is because courts were generally required to accept the new interpretation) whenever it wanted and that new view was binding law. This undermines two core principles of the American system: separation of powers (the judiciary says what the law is) and the rule of law (laws should be applied equally and consistently).

Eliminating Chevron returns us to the proper state of the law: the executive branch proposes a reading of the law, the other side proposes another, and an independent court considers both and states what the law is. And that’s the law going forward. It cannot be changed absent legislation. Congress passes a law, the judiciary says what the law is, and the executive executes it. If the executive wants to enforce a different law then it must get the legislative branch to pass that different law.

This is not a conservative talking point, it’s a talking point for anyone that thinks the President is not a king. It just seems like a conservative talking point to you because it was overturned during the Biden administration. Recall that Chevron came to be because of a Reagan administration interpretation.

Consider what the state of reality would be if Chevron remained good law today under the Trump administration. Trump’s interpretation of a statute would be what the statute says.

For example, 8 USC 1401 provides that “The following shall be nationals and citizens of the United States at birth: (g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;”

Do you really want the Trump administration to be able to what any of the ambiguous terms mean in this provision? What do you think Trump’s interpretation of the “geographical limits of the United States” is? What about what “honorable service” means?