That question comes to mind when reading critics of the recent Supreme Court decision weakening so-called Chevron deference. In that case, in 1984, the Supreme Court ruled that the agency executing the law can select the way to do that as long as it is reasonable within the law’s intention. Recently, in a similar case, the Court decided that citizens still can challenge rules issued by the executive branch in court. The critics claim that we should respect the decisions of experts and that judges might not be experts on very technical issues. That argument questions the very existence of the judiciary branch of government. The law is plainly wrong if an educated layman cannot comprehend it. During the trial, by listening to the experts’ testimony, a layman with some basic education should be able to learn and understand the issue in question.
Good Article
Thank you.