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Reply to "Bye-bye Chevron "
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[quote=Anonymous]This may have already been covered, but could someone explain why judicial deference to administrative agencies based on their expertise is appropriate, but it's inappropriate to do so in criminal cases (i.e. prosecutor calling the medical examiner to testify that the cause of death was homicide)? If the issue is one of routine interpretation, how is that immune from politics, since agencies are part of the Executive Branch and subject to the then-President's policy priorities? It would seem reasonable that everyone has to prove their case. Agencies claiming that they should get deference because they've "always done things this way" isn't much of an excuse. Agencies can certainly explain that a court's departure from their historical interpretation could cause disruption, but doesn't that go to the heart of the case?[/quote]
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