NCLA filed a reply brief in Relentless Inc., et al. v. Dept. of Commerce, et al., a potential landmark case before the U.S. Supreme Court, calling for an end to the unconstitutional Chevron doctrine. NCLA addresses two core problems with Chevron deference that NCLA founder Philip Hamburger has emphasized for years. First, employing such deference abandons a judge’s Article III duty of judicial independence. Second, when a federal court defers to an agency’s legal interpretation, it denies due process of law to the entity opposing the government in that case. The logic of Chevron deference breaks apart under this devastating dual critique. Chevron also violates the Administrative Procedure Act (APA).
Mark and Vec highlight NCLA’s Supreme Court reply brief in Relentless Inc. v. Dept. of Commerce.
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