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I still don’t think you get what Chevron Deference does, but whatever. I DO NOT WANT the federal judiciary to decide what is necessary and proper. Those are policy questions for the elected administration and congress, not unelected judges.
Your questions make no sense. Did congress intend for the FCC to suspend Net Neutrality isn’t the question, because congress never directly imposed Net Neutrality. FCC rules on Net Neutrality derived from classifying ISPs as common carriers under Title II of the 1934(!) Communications Act. The question that would go to the courts is did that 90 year old law intend to regulate the internet to begin with? Plenty of conservatives will say no.
You seem to be under the impression that laws have no ambiguity and that congress’s intentions are clear. They are not. The original case we get Chevron Deference was with regard to the Clean Air Act talking about “stationary sources” of pollution, a term not defined in the law. The EPA originally interpreted that as each source at a particular plant, requiring new licenses for every addition. The Reagan EPA changed the interpretation to a stationary source as a whole plant, and thus allowed expansion without new permits if emissions would not increase. Both frankly are reasonable interpretations. So the case ruled they should defer to the agency rather than tackle a policy question.
You may think we have facts on out side, but all the judges appointed by W Bush and Trump, of which there are legion, will not side with facts, they will bend the ambiguity to stop any liberal policy they disagree with.
Your understanding of my question is faulty. I did not ask if Congress intended for the FCC to suspend net neutrality. I asked if Congress intended for the FCC to have the power to suspend net neutrality. The answer is yes, that power is well within the FCC's charter.
Your position here directly contradicts virtually all of Article III, and effectively strips the people of their power to petition for redress of grievances. Your position is constitutionally invalid. Constitutionally, the court's power to make this determination is a vital check on the other two branches. Your unhappiness with the current composition of the courts is not a sufficient justification for suspending this check.
The answer is not unambiguously yes! Again, net neutrality is based on a law decades older than the internet. It would be trivial for a judge to say the FCC doesn’t even have the power to enforce Net Neutrality at all!
And it does not override Article III. Again, all regulations have to reasonably follow the law. That is the line for the courts, are they following the law or not. Going beyond that, answering policy questions, contradicts Articles I and II.
You are far too confident judges will rule in your favor.
Whether they rule in my favor or not is irrelevant to the issue. They may very well rule against me. The relevant factor is that a separate entity should be empowered to review the decisions of the agency; the agency should not be judging themselves. That is how the Constitution was set up. Chevron weakens that standard.
When environmental groups sue the NHTSA for their ridiculously weak and counter-productive CAFE standards, they courts should be allowed to say: "Your CAFE standards are supposed to be reducing total vehicle emissions. Instead, they are driving manufacturers to stop producing smaller, more fuel efficient vehicles, and shift toward larger, less fuel-efficient vehicles that can more easily comply. Your standards are driving an increase in total emissions, and are having an effect opposite to that of your agency's mandate. You have 90 days to either develop new standards to be enacted one year from the date of this letter, or have Congress ratify your current standards as law. Do your job, or I will have Plaintiff do it for you."
Your CAFE suit would never succeed, and there is no way the courts would allow the plaintiff to craft a new standard.
Also, in my opinion, Chevron Deference allows review to determine if the standards reasonably meet the law without allowing courts to dictate policy. We just fundamentally disagree.
The hypothetical scenarios I presented include the assumption that the plaintiffs have conclusively proven incompetence or malfeasance on the part of the agency, and offered a remedy to correct them. Under Chevron, these suits would fail, because the court is not allowed to consider whether the agency's actions are effective, but must instead defer to the agency's own evaluation of their effectiveness.
That my suit would fail demonstrates the problem.
No, you don’t get it, even without Chevron, I guarantee your suit would fail. If you think you would win, please cite a statute that would invalidate the NHTSA’s method?
I also like how you assume that you can prove incompetence or malfeasance. That is near impossible to prove.
Under a proper standard, it's a longshot. Under Chevron, it's an impossibility.