Friday, June 28, 2024

"Supreme Court delivers blow to power of federal agencies, overturning 40-year-old precedent"

This is one of the big decisions for this term.

From CNBC, June 28:

The important 1984 precedent gave federal bureaucrats flexibility to interpret the law when the language is unclear.

The Supreme Court on Friday overturned a 40-year-old precedent that has been a target of the right because it is seen as bolstering the power of "deep state" bureaucrats.

In a ruling involving a challenge to a fisheries regulation, the court consigned to history a 1984 ruling called Chevron v. Natural Resources Defense Council.

It is the latest in a series of rulings in which the conservative justices have taken aim at the power of federal agencies. The ruling was 6-3 with the conservative justices in the majority and liberal justices dissenting.

"Chevron is overruled," Chief Justice John Roberts wrote in the majority opinion. "Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority."

Liberal Justice Elena Kagan wrote in dissent that a "longstanding precedent at the crux of administrative governance thus falls victim to a bald assertion of judicial authority."

At the time it was decided, Chevron was a win for the deregulatory efforts of the Reagan administration, with the court ruling that judges should defer to federal agencies in interpreting the law when the language of a statute is ambiguous. That was initially seen as a benefit to Republican officials in the administration who wanted to make regulations less onerous on businesses.

In practice, the ruling meant that both Democratic and Republican presidents could take advantage of the flexibility it gave to agencies in implementing new regulations on a wide variety of issues....




May 2023
"How a group of herring fishermen may get the Supreme Court to reel in government power" 

April 2023
"E.P.A. Is Said to Propose Rules Meant to Drive Up Electric Car Sales Tenfold"

And on the broader issues:

July 3, 2022:
Background On The Supreme Court's EPA/CO2 Ruling: The Administrative State