“Judicial capture” is likely more difficult than regulatory capture. Judges in the US are not quite so easily tempted or bribed as are regulatory officials. The relative difficulty of performing judicial capture has a good side in a post Chevron legal environment, this could make it harder for entrepreneurs to use regulatory powers against rivals. Consequently, the US economy could become more competitive without Chevron. However, judges are now empowered to interpret regulations in ways that may or may not be reasonable, that may be shaped by their own ideological beliefs, and may in some cases effectively socialize some businesses.

The Chevron decision may yield some positive benefits, or not. There is only one real solution to our problems with the regulatory state; deregulation. Those who perceive the benefits of free markets should focus on the goal of repealing more regulations, and not worry about who defines or wields regulatory powers.