Posts tagged checks or balances
The Impacts of Chevron Deference on Labor and Industry
February 7, 2024 // The Amicus brief alleges that the Chevron doctrine has enabled the NLRB’s “unworkable track record of frequent flip-flopping,” due in part to a consistently changing Board. According to the filing by CDW, “the Board’s membership is subject to frequent and continued change, and whenever a new Board majority disagrees with a prior precedent, it often overrules that precedent.” Additionally, “it is customary (though not mandated by statute) that no more than three of the five members will belong to the President’s political party.” This means each President can guarantee a majority of the Board will share his ideological priorities. The CDW argues this has created instability as rules are constantly changing with each new Board.