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Notes -
While I don't expect a total fix anytime soon, this is why I'm hoping for rollback on Chevron deference and related doctrines. To oversimplify, I want to shift from a position of tie goes to the government to tie goes to the private party. If a court can't figure out whether the regulatory body is correct and the regulatory body can't providing compelling factual evidence for their assertion of power, they should just lose, not get to claim that they have special expertise that's just too special for a non-expert to understand.
Maybe. There's a lot of people who came away from Loper v. Raimondo thinking that SCOTUS was pretty willing to toss the Chevron under the bus, but then Cargil had a place where the regulatory agency claims to have read the law wrong for twenty-plus years, disclaims Chevron, and most tea-leaf-readers are thinking it'll come out okay. It's just too useful to leave the actual law to the regulatory agencies.
But maybe I'll be pleasantly surprised.
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Roberts won't do it. He'll "lay the groundwork" forever but never pull the trigger.
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