Quote:
Originally posted by Mmmm, Burger (C.J.)
Although it strikes me as odd that a purely legal interpretation of a statute should be subject to some sort of notice and comment requirement to be given deference. It's a bit different from some health statute where the determination of "best available" (for example) may require some science.
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If an interpretation is purely legal, there's less reason to defer to the agency's putative expertise in the area. Analogously, agency interpretations of the Constitution do not get deference.
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“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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