Would you rather have decisions on how to live made by unelected judges or unelected bureaucrats? Supreme Court Associate Justice Clarence Thomas this week failed to get his colleagues to review his own 2005 decision in the Brand X case — which relies on, and expands, the famous 1984 Chevron decision granting deference to federal agencies to interpret statutes when Congress is vague. Justice Thomas fears these precendents have become unconstitional grants of power to faceless bureaucrats. In the case that failed to get a writ of certiorari, IRS bureacrats decided that Howard and Karen Baldwin wouldn’t get the $168,000 in overpaid taxes due them.
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