Here is the $64,000 question. Will Congress step up and become the legislative law making branch of the Federal government again?
SCOTUS is destroying government Administration over reach for us right now. But will Congress step up?
The battle is over "Chevron Deference" - giving government agencies free license to fill any gaps not explicitly covered by legislation - vs "Rule of Lenity" where the government must apply the most favorable interpretation to the individual Citizen.
When overreaching, Chevron Deference results in a Soviet style Administrative Class waging lawfare on the Citizens.
Rule of Lenity fundamentally forces the Legislature to pass any laws (vs Department "rules") that impede/impact Citizens.
SCOTUS is destroying government Administration over reach for us right now. But will Congress step up?
The battle is over "Chevron Deference" - giving government agencies free license to fill any gaps not explicitly covered by legislation - vs "Rule of Lenity" where the government must apply the most favorable interpretation to the individual Citizen.
When overreaching, Chevron Deference results in a Soviet style Administrative Class waging lawfare on the Citizens.
Rule of Lenity fundamentally forces the Legislature to pass any laws (vs Department "rules") that impede/impact Citizens.