A lot of deference was assumed before Chevron, especially post-FDR, and as a result, Congress + agencies began exploiting that deference more and more, to the extent that it became somewhat codified in Chevron.
The peril of stare decisis is that to be dutiful, SCOTUS must endeavor to abide previous decisions even when those decisions abdicated on matters of law. The net result is that the process is often exploited.
Government's a big system, and I'm as wary to assign a central figure for blame as I will be hearing my uncle Roger describe any of his crackpot theories over Thanksgiving dinner this-coming Thursday, but I think it's naive to say that the government isn't getting away with things on occasion -- the discussion really is how often, and how much we should care. To that discussion, I don't aim to be instructive, as my own caring would likely be considered excessive by most, or perhaps overzealous.
A lot of deference was assumed before Chevron, especially post-FDR, and as a result, Congress + agencies began exploiting that deference more and more, to the extent that it became somewhat codified in Chevron.
The peril of stare decisis is that to be dutiful, SCOTUS must endeavor to abide previous decisions even when those decisions abdicated on matters of law. The net result is that the process is often exploited.
Government's a big system, and I'm as wary to assign a central figure for blame as I will be hearing my uncle Roger describe any of his crackpot theories over Thanksgiving dinner this-coming Thursday, but I think it's naive to say that the government isn't getting away with things on occasion -- the discussion really is how often, and how much we should care. To that discussion, I don't aim to be instructive, as my own caring would likely be considered excessive by most, or perhaps overzealous.