Brackeen v. Bernhardt Amicus Brief in Support of the Plaintiffs-Apellees’ Petition for Rehearing En Banc
NCLA is particularly disturbed that the federal judges presiding over this action eschewed their fundamental duty “to say what the law is,” Marbury v. Madison, 5 U.S. 137 (1803), and deferred to agency interpretations of statues under Chevron U.S.A., Inc. v. NRDC, Inc., 467 U.S. 837 (1984). In doing so, they departed from their judicial duty and undermined the confidence of the people in the courts…