I Believe
I believe for every drop of rain that falls
A flower grows
I believe that somewhere in the darkest night
A candle glows
I believe for everyone that goes astray
Someone will come to show the way
I Believe
There is a difference between believing and knowing. But I guess lawyers know everything!
Even though I am not a lawyer, nor do I play one on TV, I have been an expert witness in court cases. It is assumed that judges and juries do NOT know everything and require expert witnesses. I have been an expert witness in bench cases, decided by a judge, and in jury cases. The various regulatory agencies presumably include experts. Even then any regulation has a mandatory Notice of Proposed Rule Making, NPRM, and comment period that is required before any rule/regulation can be adopted by a federal executive agency. During the comment period of this NPRM various state and local agencies, and private stakeholders can offer their own expert testimony on the proposed regulation. I have submitted comments and I know that every comment is read, considered, and replied, and those comments and the responses are part of the public record in the Notice of Final Rule Making. I have not always agreed with the clients who requested that I submit comments for them, but I think that I have always tried represent them ethically and truthfully.
Unfortunately the Supreme Court in overturning the “Chevron” doctrine considers judges to be experts on everything, and thus apparently they do not need the advice of experts. The fact that you do not like an opinion/regulation does not mean that it is not a valid opinion/regulation. Sometimes you lose. You may not like that, but that is how it works. I guess my services as an expert are no longer needed. Judges and legislators know everything!
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