I wouldn’t say anything nice about Rehnquist, but Roberts has definitely been worse (all the while acting so concerned about the Roberts Court legacy - and then he drops Snyder, Loper, and Jarkesy on three consecutive days).
Are we going to have courts then that specialize around specific agencies? Because I fail to see how literal experts in those agencies are less qualified than a bunch of judges who have no background or knowledge in the areas the agencies cover.
First, Congress was the powerful branch. Then, post-World War II, the power of the Executive became supreme. Now, the cycle turns again, and the Judiciary runs things. But the wheel keeps turning . . . .
One way or the other, I expect a short reign for the judiciary. They still don’t have an army, and their usefulness runs out with the next GOP president.
Democrats are being forced to choose between the Court and their own survival, and they are the best allies the Court has in terms of legitimacy.
“We were appointed judges because we know everything not because we’re privileged assholes with a political agenda to turn the US into a theocratic dictatorship.”
Roberts got the mifepristone case from Kacsmaryk to the Fifth Circuit - and the ensuing chaos - and decided that's how all areas of the federal government should operate now.
Tools of statutory construction are a LAST resort only if the plain meaning of the statute/regulation cannot be ascertained. And the agency is in the best position to explain what it's own rule means. Such BS.
