In an 6-3 decision along ideological lines, the Supreme Court’s conservative majority upended a 40-year administrative law precedent that gave agencies across the federal government leeway to interpret ambiguous laws through rulemaking.
Known as Chevron deference, the now-overturned legal doctrine instructed judges to defer to agencies in cases where the law is ambiguous.
Now, judges will substitute their own best interpretation of the law, instead of deferring to the agencies — effectively making it easier to overturn regulations that govern wide-ranging aspects of American life...more
This is great news for those who have challenged federal rules, only to have the courts defer to the federal agencies interpretation.
“Chevron is overruled,” wrote Chief Justice John Roberts, joined by his five conservative colleagues.
“Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”
Supreme Court Strikes Devastating Blow to Power of Federal Agencies in Landmark Ruling is the headline at National Review where they write:
In his majority opinion, Chief Justice John Roberts wrote that it is not the place of agencies to clarify ambiguous legislation.
“Perhaps most fundamentally, Chevron’s presumption is misguided because agencies have no special competence in resolving statutory ambiguities,” he wrote. “Courts do. The Framers, as noted, anticipated that courts would often confront statutory ambiguities and expected that courts would resolve them by exercising independent legal judgment.”
And judge Gorsuch explains why it was overturned:
In his majority opinion, Chief Justice John Roberts wrote that it is not the place of agencies to clarify ambiguous legislation.
“Perhaps most fundamentally, Chevron’s presumption is misguided because agencies have no special competence in resolving statutory ambiguities,” he wrote. “Courts do. The Framers, as noted, anticipated that courts would often confront statutory ambiguities and expected that courts would resolve them by exercising independent legal judgment.”
Hopefully, never again will I hear those awful words "we must defer".
1 comment:
Overthrowing Chevron Deference is a nice thing but not the root of the problem.
There are no less than 36 Federal agencies operating their own administrative courts, to enforce the agencies rules. Other Federal agencies, not having their own courts may "Borrow" an "Administrative Law Judge" from the OPM as needed and have their own little court for 6 months or less.
There is no Constitutionally enumerated authority to legislate other than by the Legislative Branch. No authority to delegate such authority to the Executive Branch. All such authority was pulled from the anal orifice of a member of the Men Who Wear Dresses to Work Club.
The entire concept of unelected persons creating legislation is contrary to the Constitution. Just because the Supreme Men Wearing Dresses to Work gang has let them get away with it, does not make it correct.
Where may I find in our Constitution a clause that authorizes the Legislative Branch to delegate their authority?
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