The section on Chevron Overturned surprised me. Maybe I’m in an echo chamber, but my impression was that most legal scholars (not including the Federalist Society and The Heritage Foundation) consider the decision to be the SCOTUS arrogating yet more power to the judicial branch, overturning 40 years of precedent (which was based on a unanimous decision) without sufficient justification.
I consider the idea that “legislators should never have indulged in writing ambiguous law” rather sophomoric. I don’t think it’s always possible to write law that is complete, unambiguous, and also good policy. Nor do I think Congress is always the best equipped to do so. I don’t fully trust government agencies delegated with rulemaking authority, but I have much less trust that a forum-shoppedjudge in the Northern District of Texas is likely to make better-informed decisions about drug safety than the FDA.
FWIW, I haven’t really thought much about Loper as it relates to AI, tech, and crypto specifically. The consequences of activist judges versus the likes of the DOJ, CDC, FDA, and EPA are mostly what come to mind. Maybe it’s attention bias given recent SCOTUS decisions versus more limited memory of out-of-control agencies but I feel uneasy tilting the balance of power toward judicial dominance.
The section on Chevron Overturned surprised me. Maybe I’m in an echo chamber, but my impression was that most legal scholars (not including the Federalist Society and The Heritage Foundation) consider the decision to be the SCOTUS arrogating yet more power to the judicial branch, overturning 40 years of precedent (which was based on a unanimous decision) without sufficient justification.
I consider the idea that “legislators should never have indulged in writing ambiguous law” rather sophomoric. I don’t think it’s always possible to write law that is complete, unambiguous, and also good policy. Nor do I think Congress is always the best equipped to do so. I don’t fully trust government agencies delegated with rulemaking authority, but I have much less trust that a forum-shopped judge in the Northern District of Texas is likely to make better-informed decisions about drug safety than the FDA.
FWIW, I haven’t really thought much about Loper as it relates to AI, tech, and crypto specifically. The consequences of activist judges versus the likes of the DOJ, CDC, FDA, and EPA are mostly what come to mind. Maybe it’s attention bias given recent SCOTUS decisions versus more limited memory of out-of-control agencies but I feel uneasy tilting the balance of power toward judicial dominance.