Nah unfortunately you’re 100% right, it has never actually been equal in practice. But at least we all could delude ourselves into thinking that we were striving towards that principle. It’s all laid bare now, and it’s fucking ugly. The fact that they’ve been actively working towards these very goals with laser focus, for decades, makes it all the worse.
There are some good points in this, and the ending is particularly strong, but he shuts down some critical arguments about the ability of government to function, that shouldn’t be overlooked.
Instead he says the problem is that this stops Congress from functioning. I strongly disagree. Sure, Congress funds the agencies and sets up the broad regulatory framework, but it is almost entirely the executive agencies and their experts who have been entrusted with the latitude to interpret Congress’ often vague and imprecise goals, using science and deep institutional expertise. The end of Chevron deference will go down as the structural change to government that allows it to be fully corrupted and ineffective. When it’s no longer the experts and scientists who get to decide how to deal with incredibly complicated issues, issues that are well beyond the understanding of a few zealots in robes, we no longer have a government based on anything but the whims of those zealots.