We Are Witnessing the Biggest Judicial Power Grab Since 1803
We are currently witnessing what many are calling the biggest judicial power grab since 1803, and it is a cause for concern for anyone who values democracy and the balance of power. The issue at the heart of this power struggle is the Chevron deference, a precedent established in 1984 that requires courts to defer to an agency’s interpretation of the law. However, this long-standing doctrine is now being challenged, and the ramifications of its potential downfall could be far-reaching.
The conservative shift in recent years has seen a change in attitude towards Chevron deference. Conservatives, who once championed the doctrine as a way to ensure that power remains in the hands of elected officials, have now started to view the unelected courts as a more effective means of controlling policymaking than the executive branch and its agencies.… Continue reading
John Q. Hosedrinker