Another option for the justices was to move away from Chevron deference. Under that doctrine, which was crystallized in the case Chevron v. Natural Resources Defense Council, federal courts will generally defer to federal agencies when those agencies reasonably interpret the federal statutes that give them their authority. The Chevron court reasoned that the specialized […]
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Justice Neil Gorsuch also raised a similar point. “What I think [the states] argue that is missing is costs to other persons in terms of fairness, for example, people who have paid their loans, people who don’t plan their lives around not seeking loans, and people who are not eligible for loans in the first […]
Read MoreEven the Seventh Circuit itself, however, seemed uncomfortable with the outcome. Judge Frank Easterbrook, a prominent conservative jurist, all but signaled the justices to take up the matter in his majority opinion. “Despite this clear precedent, McClinton’s contention is not frivolous,” he wrote for the three-judge panel. “It preserves for Supreme Court review an argument […]
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