Ramon Jasso Arangure v. Matthew Whitaker

THAPAR, Circuit Judge.

*336 Courts have always had an "emphatic[ ]" duty "to say what the law is." Marbury v. Madison , 5 U.S. (1 Cranch) 137, 177, 2 L.Ed. 60 (1803). But all too often, courts abdicate this duty by rushing to find statutes ambiguous, rather than performing a full interpretive analysis. When dealing with agencies, this abdication by ambiguity is even more tempting-and even more problematic. Because, under Chevron , ambiguity means courts get to outsource their "emphatic" duty by deferring to an agency's interpretation. But even Chevron itself reminds courts that they must do their…