Writing Question
Memo Prompt:
The U.S. Supreme Court is in the process of considering the overturn of Chevron deference, which would dismantle the capability of federal agencies in interpreting and implementing the law. One of the cases that gives rise to this situation is the dispute involving how the National Marine Fisheries Service (NMFS) imposes restrictions on overfishing and appoints public inspectors to supervise fishing businesses. If Chevron is overruled by the Supreme Court, NMFS will have less power to carry out the legislation that best serves its preference.
Given this situation, write a memo to Ms. Janet Coit, NMFS Director, to advise how the NMFS should deal with the potential overrule of Chevron. When constructing the memo, you should consider the Positive Political Theory (PPT) and the background of Chevron deference discussed in the article of McCubbins and Rodriguez (2009). Some questions to take into account: In which case the Court interprets the law, or allows bureaucracies to implement the law, in alignment with the Congress and/or the President’ interests? In which case the preference of federal agencies align with the President and the Congress? These questions will help you anticipate how the Supreme Court will deal with the possible overturn of Chevron, and its consequences on the policies of NMFS.
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