Trump then Biden: Did Scalia Get It Right?

A number of Trump judicially determined abuses of Executive Branch rulemaking authorities have been struck down without reliance on Chevron.  What remains is being addressed by the Biden Administration either through the exercise of its rulemaking authorities or in response to petitions filed pursuant to the Information Quality Act. What’s  there not to like about representatives of an elected official acting as the tie breaker in lieu of an unelected individual(s)? Furthermore, with the ever increasing use of holistic decision-making processes  and the attendant improvement in the analytical tools  used in the Executive Branch it is clear that neither of these are in the long suit of the judiciary.

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