James Endicott on Nostr: An underreported aspect of the Supreme Court case killing Chevron is that it greatly ...

An underreported aspect of the Supreme Court case killing Chevron is that it greatly reduces the burden on Trump to dismantle the administrative state. The normal rule making process is that the president says X should happen, an administrative agency studies how to implement that change, they issue a report, there's a public comment perriod, and that process iterates a few times until the rule finally promulgates a few years later. Post-Chevron, the initiator is a company who feels they have been wronged. They challenge the rule in court then an administrative agency fights it (or the minority party in congress does if the administration refuses to defend against the challenge).

One of the big things that stopped Trump during his first term was that his administration was so full of incompetent people that they couldn't carry out that rulemaking process. They were bad at filling out forms, writing reports, conducting studies, citing precedent, writing legalese, and the like. By the time they had marginally competent people involved, it was too late.

But, after Chevron, big companies with expensive lawyers get to do those steps. And instead of being limited to a few dozen lawyers per executive branch agency, they are limited by how many lawyers every corporation in the country can hire. That allows a much higher throughput. If anything the limit becomes not having enough federal judges.