No, the comment is complete misinformation. In particular:
> A consequence of that was that the Supreme Court accepted an interpretation that executive agencies should be government by the Administrative Procedures Act ("APA") instead.
Executive agencies were always governed by the Administrative Procedures Act. The law was created in 1946 for the purpose of governing executive agencies.
OP is completely wrong about what Chevron and Loper Bright were about. Agencies have always had to do rulemakings with notice and comment to promulgate regulations. Those rules obviously have to follow the statutory law.
Chevron was about what happens when an agency action is challenged in court and the statute is ambiguous. Chevron says the agency gets deference from the court in deciding what the law means. The court has to accept ghr agency’s interpretation as long as it’s reasonable.
Loper Bright says the court has to decide what the law means itself, just like it does for any other law.
More broadly, this isn’t even a “conservative” versus “liberal” issue. Scalia was the biggest champion of Chevron and Gorsuch authored Loper Bright. Both were/are Federalist Society guys. This is an internal disagreement among conservatives about whether agencies or courts have the last word on what statutes mean.
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No, the comment is complete misinformation. In particular:
> A consequence of that was that the Supreme Court accepted an interpretation that executive agencies should be government by the Administrative Procedures Act ("APA") instead.
Executive agencies were always governed by the Administrative Procedures Act. The law was created in 1946 for the purpose of governing executive agencies.
OP is completely wrong about what Chevron and Loper Bright were about. Agencies have always had to do rulemakings with notice and comment to promulgate regulations. Those rules obviously have to follow the statutory law.
Chevron was about what happens when an agency action is challenged in court and the statute is ambiguous. Chevron says the agency gets deference from the court in deciding what the law means. The court has to accept ghr agency’s interpretation as long as it’s reasonable.
Loper Bright says the court has to decide what the law means itself, just like it does for any other law.
More broadly, this isn’t even a “conservative” versus “liberal” issue. Scalia was the biggest champion of Chevron and Gorsuch authored Loper Bright. Both were/are Federalist Society guys. This is an internal disagreement among conservatives about whether agencies or courts have the last word on what statutes mean.