this post was submitted on 11 Jul 2023
3 points (100.0% liked)

Law

398 readers
1 users here now

Discussion about legal topics, centered around United States

founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] 0 points 1 year ago

What? No that is not how any of this works. There's no sense in which the court sends matters back to congress. They make a ruling that the way an agency has been interpreting a statute is incorrect, and order them to change their interpretation and thus their actions. Congress can of course pass a new statute, but almost always in these modern gridlocked times the real result is that the court's new interpretation is the new law. All that would change with Chevron being overruled is they'd intervene much more frequently based on the easier to reach standard for overrulinig an agency decision.