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LOPER BRIGHT ENTERPRISES v. RAIMONDO
THOMAS , J., concurring
[pg 45]

I write separately to underscore a more fundamental problem: Chevron deference also violates our Constitution’s separation of powers, as I have previously explained at length. See Baldwin, 589 U. S., at _–_ (dissenting opinion) (slip op., at 2–4); Michigan v. EPA, 576 U. S. 743, 761– 763 (2015) (concurring opinion); see also Perez v. Mortgage Bankers Assn., 575 U. S. 92, 115–118 (2015) (opinion concurring in judgment). And, I agree with JUSTICE GORSUCH that we should not overlook Chevron’s constitutional defects in overruling it.* Post, at 15–20 (concurring opinion).
To provide “practical and real protections for individual liberty,” the Framers drafted a Constitution that divides the legislative, executive, and judicial powers between three branches of Government. Perez, 575 U. S., at 118 (opinion of THOMAS, J.). Chevron deference compromises this separation of powers in two ways. It curbs the judicial power afforded to courts, and simultaneously expands agencies’ executive power beyond constitutional limits.

https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf