Justice Kagan's scathing dissent. Today the Supreme Court Just Gave Itself New 'Exclusive Power'

Justice Kagan’s scathing dissent. Today the Supreme Court Just Gave Itself New 'Exclusive Power'

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.............Kagan wondered how the ruling will impact the nation years and decades from now, saying agency interpretations afforded under Chevron "may have benefited regulated entities or may have protected members of the broader public."

"Either way, private parties have ordered their affairs—their business and financial decisions, their health-care decisions, their educational decisions—around agency actions that are suddenly now subject to challenge," she wrote.


She added that the decision overturns the court's own precedent and gives all courts the "power" to make policy decisions, including those involving scientific and technical judgments in addition to weighing competing goods and values.

"It puts courts at the apex of the administrative process as to every conceivable subject—because there are always gaps and ambiguities in regulatory statutes, and often of great import," she wrote. "What actions can be taken to address climate change or other environmental challenges? What will the Nation's health-care system look like in the coming decades? Or the financial or transportation systems? What rules are going to constrain the development of A.I.?

"In every sphere of current or future federal regulation, expect courts from now on to play a commanding role.".........................


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