Matt Swift: Mark, I know the current Congress won't do this, but could a sane Congress (lulz), create a Chevron Law that would tilt the balance back?

Nobody is prepared for this jolt to the legal system. The Supreme Court has shifted an unfathomable amount of power from Congress and the executive brach toward unelected, unaccountable federal judges. This will fundamentally alter how government works. slate.com/news-and-pol...

Mark, I know the current Congress won't do this, but could a sane Congress (lulz), create a Chevron Law that would tilt the balance back?

In theory, yes, Congress can amend the APA to restore Chevron. In practice, no. SCOTUS will either pretend the amendment is ambiguous (like they just did with the bump stock case), or they'll adopt Thomas's argument that it's unconstitutional.

Jamelle Bouie posted this Harvard Law Review article. The tl;dr is that the Roberts Court is an "imperial court" that is play a game of Calvinball to strip away from any other alternative source of rule-making power (the executive, the bureaucracy, Congress, lower courts etc.) other than itself.

The Imperial Supreme Court - Harvard Law Reviewharvardlawreview.org The past few years have marked the emergence of the imperial Supreme Court. Armed with a new, nearly bulletproof majority, conservative Justices on the...

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