Experts told Newsweek it's becoming increasingly likely that the court will overturn the landmark 1984 Chevron decision this term.
"Essentially what that doctrine says is that courts should be deferential to administrative agencies implementation of legislation as long as it is not arbitrary, capricious, or manifestly contrary to statute and that the agencies reading of the law is reasonable," Alex Badas, a political scientist specializing in judicial politics, toldChevron
precedent has long recognized that Congress has difficulty agreeing on all the details of legislation, so the decision allows executive agencies to fill in the gaps where lawmakers can't or won't. "In today's political environment of hyper-partisanship and legislative morass, overturning Chevron could wreak havoc on the law in such areas as labor, environmental regulation, and many others," Peabody told's protections and gave rise to the Brand X deference in 2005, he began questioning thedoctrine 10 years later, and by 2020, Thomas reversed his position entirely, retracting his 2005 opinion and deciding that he now consideredLoper Bright Enterpriseswill be overturned...
Although there are other conservative justices on the bench who are closer to the ideological center than Thomas, many of them have also signaled their willingness to overturn. And since Thomas has shown little interest in responding to the ethical controversies he's been embroiled in thus far, legal experts said it's unlikely the conservative justice would bow out of"The Supreme Court has no formal recusal rules for the Justices.
"Given the extensive ties between him, the Koch brothers, and other influential conservative donors and networks, it's hard to imagine he freely treads on the slope of recusal for this case," Peabody said."Where would it end?"
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