…Others agree. The New Civil Liberties Alliance says it’s “particularly disturbed by the appeals court’s decision not to exercise its independent judgment regarding the best reading of the statute at issue.” Likewise, the Americans for Prosperity Foundation says deference doctrines like Chevron “wrongly place a thumb on the scale in favor of the nation’s most powerful litigant”—the federal government—while the Chamber of Commerce argues that the “misuse of Chevron is all too common in the lower courts, and it is likely to continue absent the clearest and strongest of messages from the Supreme Court.”

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