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This is the best summary I could come up with:
As Justice Ketanji Brown Jackson said during Wednesday’s arguments, Chevron forces judges to grapple with a very basic question: “When does the court decide that this is not my call?”
And yet, four members of the Supreme Court — Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh — spent much of Wednesday’s arguments in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce speaking of Chevron with the same contempt most judges reserve for cases like Plessy v. Ferguson (1896), the pro-segregation decision rejected by Brown.
Both companies have an army of lobbyists, engineers, and scientists, who all argue that their employer’s invention is the “best system of emission reduction” and that the federal government should require power plants to install their tech.
Agencies, by contrast, are staffed by scientists, economists, physicians, and other experts who are more capable of evaluating difficult policy questions than a handful of people with law degrees.
The fundamental question raised in both cases is whether nine unelected lawyers, all of whom have life tenure, should be placed in charge of virtually every policymaking decision made by the executive branch of government.
Justice Kavanaugh, in particular, seemed so eager to give himself this power that he might as well have spent the argument shopping for gold crowns and drawing up an invitation list for his coronation.
The original article contains 1,813 words, the summary contains 225 words. Saved 88%. I'm a bot and I'm open source!