We are surprised because this decision by the court is diametrically opposite the guiding principles of conservative legal philosophy. Last week, when the court threw out Chevron deference, which reins in the discretion of regulatory agencies, that was perfectly in line with conservative legal doctrine. This decision was the exact opposi…
We are surprised because this decision by the court is diametrically opposite the guiding principles of conservative legal philosophy. Last week, when the court threw out Chevron deference, which reins in the discretion of regulatory agencies, that was perfectly in line with conservative legal doctrine. This decision was the exact opposite - granting MORE discretion to the executive branch.
Four of the justices, including Roberts, have a background working for the executive branch. That gives them a different perspective, favoring the executive branch, which does not come from abstract conservative philosophy but from personal experience.
I guess it rather depends on what kind of conservative one is. They seem always in favor of more freedoms and fewer restrictions. That certainly seems in line with what the Court just gave the President.
As to the Chevron decision, it certainly benefits one group - litigators.
We are surprised because this decision by the court is diametrically opposite the guiding principles of conservative legal philosophy. Last week, when the court threw out Chevron deference, which reins in the discretion of regulatory agencies, that was perfectly in line with conservative legal doctrine. This decision was the exact opposite - granting MORE discretion to the executive branch.
Four of the justices, including Roberts, have a background working for the executive branch. That gives them a different perspective, favoring the executive branch, which does not come from abstract conservative philosophy but from personal experience.
I guess it rather depends on what kind of conservative one is. They seem always in favor of more freedoms and fewer restrictions. That certainly seems in line with what the Court just gave the President.
As to the Chevron decision, it certainly benefits one group - litigators.