Chevron and the Murky Politics of…

While I agree with Richard Epstein and Mario Loyola that Chevron v. Natural Resources Defense Council (1984) was “disastrously wrong” (“The Supreme Court’s Chance to Rein In the Regulatory State,” op-ed Dec. 8), the court’s current inclination to depart from that decision may contribute to the perception that the court is too political.

Chevron was decided two-thirds of the way through a 24-year period that reversed Democratic electoral dominance at the presidential level, but not at the congressional level. The ruling paved the way for right-leaning Reagan administrators to “revise” the interpretation of longstanding statutes, most enacted by Democratic-controlled Congresses, without securing statutory change.

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