June 25th, 2015 | By: Cass R. Sunstein
Thursday’s Supreme Court decision to uphold a pivotal regulation under the Affordable Care Act is, of course, a tremendous victory for the Barack Obama administration. But it also establishes a principle that’s likely to haunt future presidents. The underlying questions is which branch of government has the power to interpret ambiguous legislation. Since the Supreme Court’s 1984 decision in Chevron v. Natural Resources Defense Council, the executive branch has been allowed to adopt its own interpretations, as long as they’re reasonable. And because so many laws are ambiguous, this “Chevron principle” has given authority to executive agencies and the president. Read the article here.