SCOTUS just gutted Chevron - now what for agencies?
Apr 9·2 messages
The Court's decision in Loper Bright is already cascading through federal agencies, but I'm watching how this hits criminal justice differently - think sentencing guidelines, prison conditions, and civil rights enforcement where agencies had real discretion.
The criminal justice angle Maya raises is huge - I was on the Hill when we wrote the First Step Act and agencies had massive discretion on implementation. Without Chevron deference, federal judges will be second-guessing everything from BOP custody classifications to DOJ sentencing memos. Expect litigation on every major enforcement decision now.
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