“Ding-Dong, the Witch is Dead”—the Witch being the extraordinary agency overreach into law that Congress never passed, emboldened by the 1984 U.S. Supreme Court (SCOTUS) case of Chevron U.S.A. v. Natural Resources Defense Council, 467 U.S. 837, and enabled by a weakened judiciary told to give agency action presumptive deference on the construction and application of federal statutes. Loper Bright v. Raimondo, (603 U.S. ___ (2024)), issued June 28, 2024, almost 80 years after the 1946 enactment of the Administrative Procedure Act (APA) and 40 years after the Chevron decision, may usher in a new era with a breath of fresh air.
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