This could be good news for reducing the unfettered power of the Administrative State.
By Bonchie | May 01, 2023
In the biggest news to come out of the Supreme Court of the United States since Roe v. Wade was overturned, the Court has granted a review of Loper Bright Enterprises vs. Raimondo. In its deliberations, the court will deal with the question of whether to overrule the infamous Chevron Doctrine, a ’70s-era precedent that granted broad powers to the bureaucratic state to interpret vague, often narrow statutes with near zero accountability.
Here’s a quick explainer on the Chevron Doctrine via Cornell Law School.
One of the most important principles in administrative law, the “Chevron deference” was coined after a landmark case,Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 468 U.S. 837 (1984). The Chevron deference is referring to the doctrine of judicial deference given to administrative actions. In Chevron, the Supreme Court set forth a legal test as to when the court should defer to the agency’s answer or interpretation, holding that such judicial deference is appropriate where the agency’s answer was not unreasonable, so long as Congress had not spoken directly to the precise issue at question.
©2023 Royal A. Brown III. All rights reserved.