If Congress Worked, Chevron Doctrine Wouldn’t Exist: Clive Crook

The Supreme Court is weighing the future of “Chevron deference” — a doctrine of the court’s own devising that has given government agencies expansive freedom to make public policy. If this strikes you as an arcane legal debate of no great moment, think again. It’s a matter of great political and economic significance. Thousands of regulations and a potential torrent of litigation turn on the outcome. Unfortunately, the discussion is being framed too narrowly.

Lawyers and officials (who are very often also lawyers, this being America) are preoccupied with whether judges or technical experts are better equipped to design ...