It's hard not to see this move as a gesture of disrespect toward Justice Ketanji Brown Jackson.
, from 1984. We’ve got all these laws that assign complicated responsibilities to federal agencies like the EPA, the Department of Labor, the Department of Agriculture—I could go on forever. In, Stevens said: Look, these laws don’t all purports to spell out exactly how regulations should be implemented. When there’s an ambiguity, we’re going to defer to an agency’s interpretation as long as we think it’s reasonable.
Which is what the Supreme Court has been doing for a while, right? I think it’s a fair question to ask whetherWell, the Supreme Court hasn’t explicitly invokeddeference for many years. Instead, SCOTUS just pretends it doesn’t exist. But it’s still very actively used in the lower courts, so that’s where the impact of this case will be felt the most.AdvertisementYou know, when he was talking about this issue of courts ending deference to agencies, Justice Breyera “power grab.
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