Earlier quoted context omitted.
Yet the Chevron decision empowers agencies to make rules independent of Congress in cases where the rules don't already exist or are unclear. https://en.wikipedia.org/wiki/Chevron_U.S.A.,_Inc._v._Natura... . Unsurprisingly, Kavanaugh and the rest of the conservatives would prefer this approach be relegated to history. Of course, the areas of particular interest that he cites as examples (securities e.g, finance, comm…
It seems to me that the Chevron doctrine has essentially created a fourth branch of government with minimal democratic oversight. It feels like an end run around the constitution. In many cases the agencies exercise legislative, executive, and judicial powers all at the same time.
They had their chance...and failed spectacularly.