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SCOTUS guts the administrative state - say goodbye to Chevron Deference [1]

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Date: 2024-06-28  

Well, they went and did it.

"The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron is overruled." — John Roberts

x Second (but not last) #SCOTUS ruling is in Loper Bright and Relentless.



For a 6-3 ideologically divided majority, Chief Justice Roberts overrules Chevron:https://t.co/zcF6Yf40lI — Steve Vladeck (@steve_vladeck) June 28, 2024

x "Perhaps most fundamentally, Chevron’s presumption is misguided because agencies have no special competence in resolving statutory ambiguities. Courts do." -- this guy is saying that EXPERTS don't have any special competence to know how to apply the law, but judges do. — Elie Mystal (@ElieNYC) June 28, 2024

What does this mean, practically?

Unless the Clean Air Act specifically says the EPA can regulate CO2, expect SCOTUS to over-rule ALL carbon regulation.

In fact, expect the courts — including the good ol’ Fifth Circuit, and all those other rabid Trump judges — to toss ANY regulation they don’t like on the ground that it’s not SPECIFICALLY spelled out in legislation. And maybe even if it IS.

Robert Reich: “The Chevron doctrine protects everything from climate policy to workplace safety to OT pay” (See more in his video, below)

ANY legislation must now spell things out in detail, and any changes to the situation on the ground MUST be accompanied by supplemental legislation.

AND needless to say, the GOP will attempt to block any such legislation — just look at how they’ve gutted the Voting Rights Act and then blocked any attempts to pass supplemental legislation. Or how they blocked attempts to fix deficiencies in the wording of Obamacare’s legislation.

x They finally ripped the band-aid off. Today in the Loper Bright case SCOTUS overrules Chevron. pic.twitter.com/wNrqRUMMMA — Anthony Sanders (@IJSanders) June 28, 2024

Notice how Roberts says “And when a particular statue delegates authority to an agency consistent with constitutional limits, the courts must respect the delegation...”?

Notice how Roberts then fails to spell out what the heck that means?

He just gave a blank check to Trump’s judges to do… anything they like.

Irony alert: Agencies don’t get to interpret legislative ambiguity, but Judges get to weaponize constitutional ambiguity.

More background on how we got here from Paul Blumenthal at Huffpost:

When the court ruled in Chevron in 1984, conservatives were a minority within the judiciary, especially the district and appeals courts. That decision gave deference to the Environmental Protection Agency to loosen environmental regulations, at a time when Republicans dominated in presidential elections and more often controlled the federal agencies issuing regulations — a way to empower the more conservative executive branch to issue deregulatory rules for corporations. Today, the dynamic is reversed, with conservatives in firm control of the judiciary and Democrats having won the presidential popular vote in eight out of the past nine elections. By ending Chevron, the Supreme Court is making it harder for Democratic presidential administrations to enact regulations, while placing the power to strike down those regulations in the hands of a far more conservative judiciary

Robert Reich sums up why the loss of Chevron Deference is so devastating in this video:

x The Chevron doctrine protects everything from climate policy to workplace safety to OT pay.



Koch-backed groups called on SCOTUS to overturn it.



Clarence Thomas secretly attended Koch donor retreats but didn't recuse from the case this term.



Here's what else you should know. pic.twitter.com/eWs5YtTuY0 — Robert Reich (@RBReich) June 25, 2024

And one more:

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