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Comment by vikramkr | Hacker News Reader

Cheveron deference is no longer active unfortunately

Considering the specific topic, I'm afraid we land on opposite sides here since I prefer clear rules made by the legislature and so Chevron deference inactivity is fortunate rather than unfortunate.

Whether or not the specific policy is good my preference is that changes to policy that have been in force for decades happen based on legislation and not the whims of 9 unelected people. We didn't get clear rules made my legislature, we lost an escape valve that allowed our regulatory apparatus to function while the gerontocracy on capital hill spun their wheels and left everything even murkier than it was before.

Chevron Deference was in force for decades but it was based entirely on[0] "the whims of 9 unelected people". The entire doctrine rests, like the present use of the Commerce Clause, on the Supreme Court choosing some particular interpretation. The nature of such things is that they're arbitrarily disputable and revocable[1].

It's somewhat unconvincing to me, and likely many others, that rules with force should be instantaneously created but cannot be instantaneously revoked. I think the two go together. If deference is congressional intent, congress can explicitly delegate to an agency. If Chevron Deference is congressional intent, congress can explicitly set that to be the default.

0: to use the terms you use, and not because I agree

1: as perhaps the current understanding of the Commerce Clause should as well

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