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Notes -
This was my immediate first question. What if Congress looks at what happens, writes a new bill fixing or superseding the APA that more or less is designed to re-establish what was until recently the status quo with better language reflecting those tradeoffs? Would the SC still have a fundamental, role-of-the-courts problem with that new bill? Or did enough of the case depend on the APA that the SC would sit back and go, nope, looks like everything is fine, proceed as before!
From what I gather, everyone but Thomas would be on board, right? This would make me feel a fair amount better in that Congress can easily (ha!) change it up if this creates a massive nightmare backlog of legal cases for judges as I expect.
I think this would run into the non-delegation doctrine. Congress can grant more authority to agencies in any specific case that would have been covered by Chevron, but if they try to make a law which says that if Congress doesn't say otherwise, the agencies get to make rules in general, the court seems likely to balk.
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