Congress can actually legislate the right of agencies to interpret the gaps in the laws back into effect - by passing a law that explicitly gives agencies this power. Just like congress can legislate abortion laws rather than leaving it to judicial precedence. Fundamentally there’s nothing wrong with the position of supreme court to push the responsibility of lawmaking back on congress.
>Fundamentally there’s nothing wrong with the position of supreme court to push the responsibility of lawmaking back on congress. It would literally be impossible for congress to make a law covering every single nuance agencies are tasked with. This Supreme Court knows it. This is nothing more than deregulation on a scale not seen in modern American history. When you can’t find clean drinking water in 30 years, this…
The statute (APA) requires courts to form an independent judgment about the gaps.
The Chevron doctrine required courts in certain cases to set this judgment aside in favor of an agency’s judgment—-basically on the basis that the agencies are closer to the problems and know better.
This setting aside may be the better outcome, however it is not explicitly specified in the statute (APA).
Ultimately, if Congress wants this to be the case, they /can/ amend the statute (APA), effectively enshrining the Chevron doctrine.
At the end of the day, the court’s decision here rests on statutory interpretation (not constitutional doctrine) so Congress could change the outcome by amending the statute (APA) to explicitly codify Chevron. This would be achieved with its ordinary legislative power (Article 1 Section 7 of the Constitution).
The court’s decision does effectively put the ball back in Congress’ court.