alt Hacker Newshang on, in what way are regulatory agencies not expected to provide justification.
That is very nearly the lion's share of the work these agency do, is to justify the regulations and the decisions
hang on, in what way are regulatory agencies not expected to provide justification.
That is very nearly the lion's share of the work these agency do, is to justify the regulations and the decisions
Some agencies lean towards proper justification (the EPA, for example, has been generally okay at best about this) other regulatory bodies don't.
While it is not a popular topic here, gun laws, and I am taking a risk with my karma even talking about it, have been subject to some of the most vague and dangerous interpretations by the ATF. In this case we provided congress a way to bypass constitutional scrutiny (pre-bruen) by deferring to the ATF. Two examples are bump stocks, and FRTs, both of which the ATF interpreted as "machine guns", defying their own regulatory definition, and creating felons out of innocent people quite literally overnight. Honest people had their doors literally kicked in. This is a terrifying level of power. It is not the first time the ATF has done this. I would recommend spending time reading the writings of GOA and FPC if you'd like to see how confusing it is for a law abiding gun owner to stay within the lines of the law when Chevron Deference existed. At any point something you lawfully buy, fill out the correct forms, and lawfully own, could be suddenly interpreted with no notification as criminal and thus you INSTANTLY become a felon. There are violations of ex-post-facto, denial of constitutional rights, etc.
Justification is highly subjective and in many cases these regulatory agencies are handed the pen to write and sign their laws.
There is no difference between a regulatory agency writing and passing law, and congress completely deferring all responsibility to them. This is the problem. "Justification" is not held to any standard.
My personal opinion is opinion from a regulatory agency should be held to a higher standard than even the most prestigious academic journal given the consequences. Chevron Deference being used to regulate companies is one thing. Chevron Deference being used to regulate constitutional rights is a consequence, and thus, it is a good thing it is eliminated. Perhaps congress can actually do it's job and demand a higher level of scrutiny, care, and precision from our regulatory agencies.