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The answer is not unambiguously yes! Again, net neutrality is based on a law decades older than the internet. It would be trivial for a judge to say the FCC doesn’t even have the power to enforce Net Neutrality at all!
And it does not override Article III. Again, all regulations have to reasonably follow the law. That is the line for the courts, are they following the law or not. Going beyond that, answering policy questions, contradicts Articles I and II.
You are far too confident judges will rule in your favor.
Whether they rule in my favor or not is irrelevant to the issue. They may very well rule against me. The relevant factor is that a separate entity should be empowered to review the decisions of the agency; the agency should not be judging themselves. That is how the Constitution was set up. Chevron weakens that standard.
When environmental groups sue the NHTSA for their ridiculously weak and counter-productive CAFE standards, they courts should be allowed to say: "Your CAFE standards are supposed to be reducing total vehicle emissions. Instead, they are driving manufacturers to stop producing smaller, more fuel efficient vehicles, and shift toward larger, less fuel-efficient vehicles that can more easily comply. Your standards are driving an increase in total emissions, and are having an effect opposite to that of your agency's mandate. You have 90 days to either develop new standards to be enacted one year from the date of this letter, or have Congress ratify your current standards as law. Do your job, or I will have Plaintiff do it for you."
Your CAFE suit would never succeed, and there is no way the courts would allow the plaintiff to craft a new standard.
Also, in my opinion, Chevron Deference allows review to determine if the standards reasonably meet the law without allowing courts to dictate policy. We just fundamentally disagree.
The hypothetical scenarios I presented include the assumption that the plaintiffs have conclusively proven incompetence or malfeasance on the part of the agency, and offered a remedy to correct them. Under Chevron, these suits would fail, because the court is not allowed to consider whether the agency's actions are effective, but must instead defer to the agency's own evaluation of their effectiveness.
That my suit would fail demonstrates the problem.
No, you don’t get it, even without Chevron, I guarantee your suit would fail. If you think you would win, please cite a statute that would invalidate the NHTSA’s method?
I also like how you assume that you can prove incompetence or malfeasance. That is near impossible to prove.
Under a proper standard, it's a longshot. Under Chevron, it's an impossibility.