'The drift away from representative self-government and toward administrative rule has steadily increased over the past hundred years, but it accelerated after the SCOTUS's 1984 decision in Chevron v. NRDC.' -GianCarlo Canaparo & Jack Fitzhenry
, and the lower courts, which hear considerably more cases than the Supreme Court does, frequently give it. One effect ofend would be to force the lower courts to make better use of the tools of statutory analysis as the Supreme Court has been trying to teach them to do. That, in turn, would likely force agencies to make less
to novel powers in thousands of cases each year that never make national headlines. That effect is not readily quantifiable, but no matter what, it would be significant.with. The court could give agencies’ legal interpretation no deference at all. Chief Justice John Marshall’s most famous line from hisUnder it, courts would be the final arbiters of the laws governing agencies, reviewing all laws afresh without a thumb on the scale in the agencies’ favor.
At the end of the day, we can’t say for sure what precise effect the fishermen’s case will have on the
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