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March 21, 2017
How else could we have done it? >> im not aware of anything wrong with that, senator. ive never suggested otherwise. >> but you -- what you said is the congress could not legislate by leaving some of the rules up to the scientists or other professionals and departments, as i understood it in chevron. >> i appreciate the opportunity to correct this misunderstanding, senator. the case i think youre referring to is gutierrez. >> thats correct. >> it involved an undocumented immigrant to this countr...
March 21, 2017
Of the law. in effect, this deference allows unelected, unaccountable bureaucrats to rewrite the law. any middle schooler, however, should be able to see how chevron is inconsistent with the basic duty of judges under the constitution. as you probably know, im a chevron skeptic and have led the fight to overturn this designation legislatively with my separation of powers act. i introduced this bill last congress with the support of several colleagues on this committee and will soon reintroduce i...
March 21, 2017
Court. after that, three or four years, i cant remember exactly, the board of immigration appeals in its infinite wisdom says our interpretation is wrong. chevron, you have to undo your precedent. the judicial precedent that this man had relied upon and that he now had to wait outside the country not just 10 years but 13 or 14 because it took them so long to make up their mind. senator, that reminded me of when charlie brown is going in to kick the ball and lucy picks it up at the last second. a...