Know Your Enemy cover image

Legal Trouble

Know Your Enemy

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The Big Questions Doctrine

There's a thing called Chevron deference, which is this longstanding kind of precedent in jurisprudence where agencies of the federal government are given a lot of deference. The Roberts Court has come up with an other theory that says when there appears to be a major question of law that is implicated by agency decision making, then Chevron deference doesn't apply. They've done that with a bunch of different cases. And they did it in this case where they said, well, DOE doesn't get to decide to forgive loans that they've made.

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