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Posted On: 08/12/2024 8:42:11 PM
Post# of 148870
cardamine: Reasonableness, whether at the agency or judicial review level, will always and inevitably come down to the judgment of the decision maker(s).
The holding of this decision is neutral, as to whether the agency hierarchy was appointed by a D or R president or whether the judges in the judicial review process were appointed by a D or R president. Under Chevron, and the agency decision deference it established, the available judicial review was essentially a meaningless process in which reversals were extremely rare due to the deference standard. Implementing a meaningful review process, though still commencing from the agency's interpretation and rationale, simply provides an additional check and balance against agency mis or malfeasance in implementing its statutory authority from Congress. Perhaps you subscribe to the notion that the very idea of federal agency mis or malfeasance is preposterous, but some of us might disagree.
The holding of this decision is neutral, as to whether the agency hierarchy was appointed by a D or R president or whether the judges in the judicial review process were appointed by a D or R president. Under Chevron, and the agency decision deference it established, the available judicial review was essentially a meaningless process in which reversals were extremely rare due to the deference standard. Implementing a meaningful review process, though still commencing from the agency's interpretation and rationale, simply provides an additional check and balance against agency mis or malfeasance in implementing its statutory authority from Congress. Perhaps you subscribe to the notion that the very idea of federal agency mis or malfeasance is preposterous, but some of us might disagree.
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