CHEVRON DOMINANCE
Technology is about to accelerate because Chevron deference is over and regulators can't just make up laws anymore. So, countless new startups just became feasible. This is often spoken about in the abstract, so let's do three examples and two visuals.
THREE EXAMPLES:
1) Genomics. Did Congress explicitly give FDA authority to regulate genetic tests in a bill like Kefauver-Harris (1962) or PDUFA (1992)? No, it did not.
But in the early 2010s, FDA attacked 23andMe and forced them to take personal genomic tests offline.
Implicitly, this was under Chevron.
2) Nuclear power. Did Congress explicitly give EPA and NRC the authority to implement ALARA? No, it did not.
But these agencies came up with this "as low as reasonably achievable" standard, forcing nuclear energy to become as expensive as other energy sources by spending all the cost-savings on "safety."
Implicitly, this was under Chevron, too.
3) Cryptocurrency. You guessed it. Did Congress explicitly give the SEC authority to regulate crypto? No, it did not.
Cryptocurrencies didn't exist when the 1933 and 1934 acts were written. However, the SEC says it has regulatory authority over crypto, even when Congress is deliberating on bills to the contrary.
Implicitly, that claim of SEC authority too was under Chevron.
In other words: if a regulator can't point to the law that gives them the power, they may not have the power. And you might be able to win in a court of law.










For as long as I can remember, the Left has been sneering at anyone who points out that the United States is a republic, not a democracy.
[TTP: This is quite a long article, but it is so worth the time. The subtitle says it all: “What is at stake in our ability to see the threat plainly? Nothing less than the preservation of our way of life.”]