Yes, and for Pete's sake severely limit, nullify, strike as applicable “...as the Secretary [of whatever agency] may direct...” in every recorded statute (if I had a nickel for every time I read that...). That's part of the problem right there in creating space for arbitrary rulemaking.The Annoyed Man wrote: ↑Mon May 01, 2023 2:56 pm It would be cool if Chevron deference was abolished, and the decision was extended to cover congressional misuse of the commerce clause outside of the founders' original intent. It would force congress to deliberately state their intent to twist constitutional meaning by passing legislation giving themselves the specific power circumvent the amendment process to do so…if it could pass both houses, 75% of the states, get the approval of the executive branch, and NOT get knocked off its collective keister by SCOTUS…AGAIN…
The days of congress deciding that the Constitution says something different that what the plain text as written by the founders says it means have to come to an end.
From the filing by Loper Bright Enterprises: “Nearly four decades of judicial experience with Chevron have demonstrated that courts are incapable of applying its two-step Chevron framework in a consistent manner" - wow, does that sound familiar.