That repealing the chevron doctrine was a calculated play in the unitary executive theory. We all know congress is basically useless these days. But we also know that regulation isn’t, like, optional. It’s going to happen no matter what.
So what’s left? Where does that decision making go? Turns out the executive, so that’s what we’ve been seeing and it’s largely uncontested. This should have been obvious to most people going into this, particularly if they understood Trumps platform or Project 2025.
Repeal of the Chevron doctrine took the power of deference away from executive agencies and replaced it with first-principles judicial interpretation of statutes.
Chevron and the unitary executive theory have essentially nothing to do with each other.
I’m still not sure what point is attempting to be made here.
In effect, it did not. All it said is that the powers enumerated to those executive agencies must be more explicitly laid out by congress. But, that’s just not something that’s going to happen.
So, the gap has been filled largely by executive orders.
No, that is not what it said. It said that the power to interpret Congressional statues from first principles rested with the judiciary and not with the executive.
It eliminated the idea of a “gap” that executive agencies (whatever do you mean by “executive orders” in this context?) could be deferred to to fill.
My goodness, this is basic stuff in this Constitutional domain.
What I’m telling you is that the executive is not using the agencies in order to push regulatory powers in practice. So, instead, excessive and obviously overreaching executive orders are being used. Which is a completely separate mechanism. Which is being used because we can no longer use the agencies in that way.
This has, in effect, diverted more power to president Trump. Not less.
Well, I believe the opposite. The removal of Chevron was dressed up as more democracy, but in practice, deployed at this moment in time, when Congress defers everything to the Emperor, it looks more like when the Tsar had to decide every little stupid detail. This used up the precious time of the Tsar, in stupid little details (similarities today, reflecting pool, anyone?) to the detriment of the country, and also in the end, the ruling class.
There is simply no way to look at Constitutional doctrine pre- and post-Chevron and conclude that the decision put more power in the hands of the President and his administration. It did exactly the opposite.
There is simply no way to look at the agencies pre- and post-Chevron and conclude that the decision did not put more power in the hands of the President and his administration.
Loper Bright overruled Chevron and removed its special deference for statutory interpretation by executive regulatory agencies. More deference to the executive existed under Chevron than now exists under Loper Bright.
Less judicial deference = more executive power? How does that story go?
So what’s left? Where does that decision making go? Turns out the executive, so that’s what we’ve been seeing and it’s largely uncontested. This should have been obvious to most people going into this, particularly if they understood Trumps platform or Project 2025.