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Leave Chevron Deference Alone to Sustain Agency, Judicial Balance

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  • FedArb experts argue Chevron deference should be preserved
  • Overruling it would empower nonexperts, create uncertainty

The US Supreme Court is considering whether to overrule or severely cut back on what is known as Chevron deference. It would be a mistake for the court to do that. Federal agencies such as the Federal Energy Regulatory Commission, Federal Communications Commission, and many others must apply the laws passed by Congress when carrying them out. It’s impossible for laws to be crystal-clear on every issue that arises over decades of implementing them, so agencies must interpret those laws.

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