On Friday, the Supreme Court overturned a long-standing legal doctrine in the US, making a transformative ruling that could hamper federal agencies’ ability to regulate all kinds of industry. Six Republican-appointed justices voted to overturn the doctrine, called Chevron deference, a decision that could affect everything from pollution limits to consumer protections in the US.
Chevron deference allows courts to defer to federal agencies when there are disputes over how to interpret ambiguous language in legislation passed by Congress. That’s supposed to lead to more informed decisions by leaning on expertise within those agencies. By overturning the Chevron doctrine, the conservative-dominated SCOTUS decided that judges ought to make the call instead of agency experts.
“Perhaps most fundamentally, Chevron’s presumption is misguided because agencies have no special competence in resolving statutory ambiguities. Courts do,” Chief Justice John Roberts writes in his opinion.
The decision effectively strips federal agencies of a tool they’ve been able to use to take action on pressing issues while Congress tries to catch up with new laws. Chevron deference has come up, for instance, in efforts to use the 1970 Clean Air Act to prevent the greenhouse gas emissions that cause climate change. Overturning it is a big win for lobbyists and anyone else who might want to make it harder to crack down on industry through federal regulation.
“It would really unleash a kind of chaotic period of time where federal courts are deciding what they think all these laws mean. And that can lead to a lot of inconsistency and confusion for agencies and for regulated parties,” Jody Freeman, director of the Environmental and Energy Law Program at Harvard, previously told The Verge when SCOTUS heard oral arguments over Chevron deference in January.
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In her dissent, Justice Elena Kagan wrote that Chevron deference “has formed the backdrop against which Congress, courts, and agencies — as well as regulated parties and the public — all have operated for decades. It has been applied in thousands of judicial decisions. It has become part of the warp and woof of modern government, supporting regulatory efforts of all kinds — to name a few, keeping air and water clean, food and drugs safe, and financial markets honest.”
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The fate of net neutrality in the US, for instance, has been tied to Chevron deference. Courts have previously deferred to the FCC on how to define broadband. Is it considered a telecommunications or information service? If it’s telecommunications, then it’s subject to “common carrier” regulations and restrictions placed on public utilities to ensure fair access. The FCC has flip-flopped on the issue between the Obama, Trump, and Biden administrations — with the FCC deciding in April to restore net neutrality rules.
The Supreme Court’s decision risks bogging down courts with all these nitty-gritty questions. They used to be able to punt much of that over to federal agencies, a move that’s out of the playbook now.
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Source: Supreme Court overrules Chevron, kneecapping federal regulators – The Verge
The US supreme court is really going nuts, having just decided that bribery is OK: Corrupt US supreme court thinks corruption is not corrupt and just basically legalized bribery
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