With the recent overturned Chevron defense by SCOTUS, I was trying to find some good. DEA’s Drug War is arguably bad (not looking for that conversation here), so does Chevron overturned make their Drug Schedules weaker by law and can be more easily challenged and overturned?
The overturn of Chevron is only significant in that courts, particularly lower appeals courts, won’t be forced to accept agency interpretations on law. They still can if that’s the better of the two. It’s a big development in APA law but it is just on how laws get reviewed when contested.
Having not looked into the drug scheduling system much I can’t say for certain on that particular topic. But I wouldn’t be shocked if something like an interpretation on paraphernalia by the DEA got shot down.
If you want some good from the Loper Bright case keep in mind that it limits new presidents from coming in and appointing biased ‘experts’ to agencies to create new interpretation of law to aid their causes. This is a double edged sword. But I think with time we willl benefit from the end of the practice and we will settle in to a more stable set of administrative rulings that doesn’t shift every 4 years.
