My sense is that the ability of federal agencies to enact their own policies that lack explicit statutory authority has been weakened. There has never been statutory authority for GLOMAR, I think it fit into a category of agency interpretation
Well I think they can enact same policies, and any policy, but they are no longer given deference by courts, so there is greater potential for judicial overrule when a legal case is brought.
You’ve been GLOMAR’d? So, sooner the better. Well worded challenge citing SCOTUS bright line ruling that if Congress wanted agency to intentionally suppress any knowledge of existence of a record, they would have written it into law. Policy ain’t law. If you have any current court cases with GLOMAR responses at issue… all the better. Kick their asses, Ryan.
Holy shit! Man, what a tumultuous week to follow the Supreme Court.
I don’t see any obvious connection between Chevron and GLOMAR. Are you saying asserting GLOMAR would trigger judicial review ?
My sense is that the ability of federal agencies to enact their own policies that lack explicit statutory authority has been weakened. There has never been statutory authority for GLOMAR, I think it fit into a category of agency interpretation
Well I think they can enact same policies, and any policy, but they are no longer given deference by courts, so there is greater potential for judicial overrule when a legal case is brought.
Fair point
You’ve been GLOMAR’d? So, sooner the better. Well worded challenge citing SCOTUS bright line ruling that if Congress wanted agency to intentionally suppress any knowledge of existence of a record, they would have written it into law. Policy ain’t law. If you have any current court cases with GLOMAR responses at issue… all the better. Kick their asses, Ryan.