You seem to be confusing two different kinds of expertise: substantive expertise and legal expertise. While I agree the courts should respect agencies' substantive expertise, there is zero reason to respect the agencies' legal expertise. Congress and the courts know more about the law than the agencies' experts. Moreover, agencies' inter…
You seem to be confusing two different kinds of expertise: substantive expertise and legal expertise. While I agree the courts should respect agencies' substantive expertise, there is zero reason to respect the agencies' legal expertise. Congress and the courts know more about the law than the agencies' experts. Moreover, agencies' interpretations of the law seem to change, depending on who the president is, even though the law itself has not changed. It seems to me they often try to pass off their political preferences as "expertise".
You seem to be confusing two different kinds of expertise: substantive expertise and legal expertise. While I agree the courts should respect agencies' substantive expertise, there is zero reason to respect the agencies' legal expertise. Congress and the courts know more about the law than the agencies' experts. Moreover, agencies' interpretations of the law seem to change, depending on who the president is, even though the law itself has not changed. It seems to me they often try to pass off their political preferences as "expertise".