Vivek Ramaswamy (@VivekGRamaswamy) posted at 0:03 am on Mon, Dec 02, 2024:
The Supreme Court overturned so-called “Chevron deference” earlier this year which is a seismic blow to the federal bureaucracy. Under the old doctrine, federal courts deferred to agency interpretation of ambiguous statutes. As of 2024, that’s no longer the case. Here are some of the facts:
Lower federal courts have relied upon Chevron somewhere between 17,000 – 19,000 judicial opinions. A 2022 study found that federal appellate courts applied Chevron in ~85% of cases involving federal agency interpretations of law interpretation is at stake. In ~60% of these cases, the court concluded that the statute was ambiguous (“Chevron Step One”) and proceeded to determine whether the agency’s interpretation was reasonable (“Chevron Step Two”). Once federal courts of appeals reached that point framework, they sided with the agency 77% of the time. A separate study evaluated more than 1,300 courts of appeals cases from 2003 to 2013 & found a 94% rate of judicial deference to the agency position, at Chevron Step Two. The overturning of Chevron deference, combined with the Major Questions Doctrine enshrined in West Virginia vs. EPA, paves the way for not slight but *drastic* downsizing in the scope of the federal regulatory state.
(https://x.com/VivekGRamaswamy/status/1863373393346842642?t=BUFCY4Vox_maE0RnceaQBw&s=03)
