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Chevron Deference

SCOTUS Furthers Deconstruction Of The Administrative State

On June 28, the six reactionary members of the Supreme Court put a final nail in the coffin of Chevron v. Natural Resources Defense Council, in the companion cases of Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. By overruling Chevron, the court dramatically curtailed the power of federal agencies to interpret statutes they administer, ruling that courts should provide their own interpretations of ambiguous statutes. This decision will imperil the rights of workers and consumers and threaten the environment and our health and safety, while providing a boon to corporations.

The Supreme Court Made Regulating Corporations Nearly Impossible

On June 28, the Supreme Court published its decision in the case Loper Bright Enterprises v. Raimondo. While the case has not attracted as much attention as some of the Court’s recent spate of controversial rulings, it revoked a long held precedent and will limit government agencies’ ability to do their jobs. Loper Bright deals with seemingly mundane questions of commercial fishing regulation. Current federal law requires fishing companies to allow National Marine Fisheries Services (NMFS) monitors to board their boats for regulatory purposes. The NMFS, however, has interpreted federal law to create a new rule requiring the industry to subsidize this monitoring at a cost of roughly $700 per day.

SCOTUS Overturns ‘Chevron’ Deference, Massive Transfer Of Power To Courts

The Supreme Court ruled along ideological lines on Friday to overturn a 40-year-old doctrine known as Chevron deference in a seismic decision that could see a major erosion of federal administrative rule in issues of public health, labor rights, environmental protection, food safety, and more. The Court ruled 6 to 3 in a pair of decisions that hands a massive amount of control over federal regulatory powers to the courts, overturning the doctrine that allowed federal agencies to have interpretive authority when there was any ambiguity in a law. Chevron deference allowed experts at federal agencies — as people better situated to make decisions on issues within their regulatory purview — to interpret statutes rather than judges.

Clarence Thomas Reversed Position After Gifts And Family Payments

Supreme Court Justice Clarence Thomas changed his position on one of America’s most significant regulatory doctrines after his wife reportedly accepted secret payments from a shadowy conservative network pushing for the change. Thomas’ shift also came while he was receiving lavish gifts from a billionaire linked to other groups criticizing the same doctrine — which is now headed back to the high court. The so-called “Chevron deference” doctrine stipulates that the executive branch — not the federal courts — has the power to interpret laws passed by Congress in certain circumstances. Conservatives for years have fought to overturn the doctrine, a move that would empower legal challenges to federal agency regulations on everything from climate policy to workplace safety to overtime pay.

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