The Supreme Court on Monday took up a case that could strike a blow to federal agencies' power, giving the high court an opportunity to overrule decades-old precedent that has permitted courts to defer to executive branch bureaus on certain matters.
said the EPA’s interpretation of a law was reasonable and that courts should defer to agency judgment in cases in which the law was ambiguous.
To defenders, it blazed a path to good government, putting the experts at federal agencies in charge of the finer points of policymaking.is the stuff of Orwellian dystopias, siphoning massive amounts of political power away from Congress and the courts and turning it over to unelected and anonymous bureaucrats.
In the ensuing decades, the case has become legendary, less for what it said than how it has been used by some lower courts — particularly thein Washington that handles so many agency cases — to create a presumption in favor of an agency’s decisions. Justice Neil M. Gorsuch has written in a prior dissent that it was time to do away with the precedent.
“At this late hour, the whole project deserves a tombstone no one can miss,” Justice Gorsuch said in a dissent in November.
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