Right now Congress gives regulatory agencies general guidelines, and the agencies work out the finer details. Soon it will likely be left to Congress and the courts to iron out those finer details. And both of those bodies are slow, and courts are fragmented across states.
There will still be a degree of deference, it just won’t be absolute like Chevron requires. Agencies will still be presumed valid, but that assumption will become rebuttable.
Everyone likes to point at the EPA with respect to Chevron deference. We need to look at the FCC under Ajit Pai. Chevron deference should not have protected the FCC when they decided to suspend Net Neutrality in 2017.
We should also be able to challenge NHTSA’s CAFE standards, which are driving manufacturers to make larger cars because it’s harder to make small cars compliant than larger. But, because of Chevron deference, we can’t: the agency knows best.
It’s actually a few different cases, but they all hinge on whether the Executive branch has a legal standing to create Federal agencies that can create and execute regulation.
There’s a good chance we could soon be in a USA where experts don’t have a voice, and the courts suddenly are in charge of the regulatory state.
As Ghostalmedia pointed out, this case is specifically the one where the Supreme Court has been specifically asked to rule on whether the Chevron defense (the bedrock case that allows the US administrative state to functionally exist) should be overruled outright, or at least limited in scope.
What decision is this? I’ve not been paying attention to Supreme Court doings lately.
The Dobbs case of this session is Loper Bright Enterprises, Inc. v. Raimondo, and it’s looking like the court is going to side with the conservatives.
https://www.npr.org/2024/01/17/1224939610/supreme-court-chevron-doctrine
Right now Congress gives regulatory agencies general guidelines, and the agencies work out the finer details. Soon it will likely be left to Congress and the courts to iron out those finer details. And both of those bodies are slow, and courts are fragmented across states.
There will still be a degree of deference, it just won’t be absolute like Chevron requires. Agencies will still be presumed valid, but that assumption will become rebuttable.
Everyone likes to point at the EPA with respect to Chevron deference. We need to look at the FCC under Ajit Pai. Chevron deference should not have protected the FCC when they decided to suspend Net Neutrality in 2017.
We should also be able to challenge NHTSA’s CAFE standards, which are driving manufacturers to make larger cars because it’s harder to make small cars compliant than larger. But, because of Chevron deference, we can’t: the agency knows best.
It’s actually a few different cases, but they all hinge on whether the Executive branch has a legal standing to create Federal agencies that can create and execute regulation.
There’s a good chance we could soon be in a USA where experts don’t have a voice, and the courts suddenly are in charge of the regulatory state.
There are lots of little cases, but the nuclear bomb is Loper Bright Enterprises, Inc. v. Raimondo.
Loper will be to regulation as Dobbs was to abortion.
This is the no more EPA, FAA, FDA etc case right?
As Ghostalmedia pointed out, this case is specifically the one where the Supreme Court has been specifically asked to rule on whether the Chevron defense (the bedrock case that allows the US administrative state to functionally exist) should be overruled outright, or at least limited in scope.
Chevron Defense: https://en.wikipedia.org/wiki/Chevron_U.S.A.,_Inc._v._Natural_Resources_Defense_Council,_Inc.
Current Major Case In Question: https://en.wikipedia.org/wiki/Loper_Bright_Enterprises_v._Raimondo#Supreme_Court
Chevron