ILYA SHAPIRO: A Whale of a Tale for the Supreme Court: A case involving fishing regulations is the big one on next term’s docket so far. “Now before the Supreme Court, MI filed an amicus brief, joined by professors Richard Epstein, Todd Zywicki, Gus Hurwitz, and Geoffrey Manne. We argue that the Court should take this opportunity to overhaul the Chevron-deference regime, because this experiment in rebalancing the relationship between administration and judicial review has failed. It has led to agency overreach, haphazard practical results, and the diminution of Congress. Although intended to empower Congress by limiting the role of courts, Chevron has instead empowered agencies to aggrandize their own powers to the greatest extent plausible under their operative statutes, and often beyond. Courts, in turn, have become sloppy and lazy in interpreting statutes. It’s a vicious cycle of legislative buck-passing and judicial deference to executive overreach.”
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