William B. Trescott v. Federal Motor Carrier Safety Administration, et al.
AdministrativeLaw Arbitration SocialSecurity DueProcess Privacy JusticiabilityDoctri
Is it Constitutional for a court to defer to a person lacking professional experience under Chevron-vs-NRDC-Inc
QUESTIONS PRESENTED 1. Is it Constitutional for a court to defer to a person lacking professional experience under Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), or does the 14th Amendment require “that the courts make certain that professional judgment in fact was exercised” as this Court ruled in Youngberg v. Romeo, 457 U.S. 307 at 321 (1982)? 2. Can an agency rely solely on public comments to determine that a state health and safety law is an “unreasonable burden on interstate commerce” as the 9t Circuit ruled in Int? B’hood of Teamsters, Local 2785 v. Fed. Motor Carrier Safety Admin., 986 F.3d 841, 857 (9th Cir. 2021), or if it thinks that the health effects are not problematic, does the Due Process Clause require it to “say so in the rule and to explain why” as the DC Circuit ruled in Public Citizen v. FMCSA, 374 F.3d 1209, 1217 (D.C. Cir. 2004)? ,