The Supreme Court is set to hear a case about the Chevron doctrine, a 40-year-old statute with far-reaching implications.
The doctrine is especially important related to issues of climate change, according to a new report.
— Jeff H Reynolds - Outspoken Texas Conservative (@JeffHReynolds) October 9, 2023
"When Congress enacts legislation, a law, it's telling an agency how to do its business. But Congress couldn't possibly include all of the fine details, the fine-grained instruction necessary for agencies to conduct their business," NPR reported.
"So the doctrine relates to how agencies fill that void in an ambiguous statute. They look at the statute, and they promulgate rules. And they say, this is what we understand Congress to have told us to do. And when a court is confronted with that interpretation, the Chevron doctrine says that it should defer to the agency so long as the agency's interpretation of the statute is reasonable," it continued.
Doesn’t the Chevron doctrine give the agencies too much power?https://t.co/CFOp2tZO9h
— Helen Sick (@ApatheticNo) October 1, 2023
"Although first announced in 1984, Chevron deference has become a central pillar of the modern administrative state," Hoover reported.
"It is a systemic thumb-on-the-scales in favor of the government’s view of the meaning of the statute, even if that view changes with political winds and even if it contradicts earlier judicial interpretation," it added.
“There is little doubt the most closely watched case of this year’s term will be Loper Bright Enterprises v. Raimondo, a case in which the justices will consider the fate of the decades-old Chevron doctrine.” https://t.co/qv64ZYp64r
— Ted Hearn (@TedatPolicyband) September 30, 2023
"First, the petitioner says in briefs already filed in the case, that the doctrine violates Article III of the Constitution because it requires courts to violate their duty under Marbury v. Madison to conduct a judicial review and clearly — and independently — state what a law means, part of the system of checks and balances created by the ruling," the Well News reported.
"Secondly, the petitioner contends that Chevron permits Congress to delegate to agencies the power to make policy — a violation of Article I’s requirement that only Congress can exercise legislative power," it noted.
Repealing the law would be a win for conservatives as it would cut back on the state's power to implement laws on its own authority.
The practice has long been used by the federal government to implement rules in ways that are increasing government overreach, with the court case offering a way to restrict this power.
The case will be an interesting one to watch that could change the future of the nation in a number of ways.