The June 28 Supreme Court ruling to overturn the 1984 Chevron decision is a win for restoring limited government and representative democracy.
Illustration on the Supreme Court’s possible overturning of the Chevron decision by Alexander Hunter/The Washington Times It also marks an important step in the fight to check and balance the administrative state. For 40 years, “Chevron deference” has empowered federal agencies — staffed by unelected bureaucrats — to exert enormous control over Americans’ lives.
Not only did this erode our system of checks and balances, but it also created a “recipe for instability,” as Justice Neil Gorsuch has previously noted. When administrations change hands every four to eight years, incoming agency staff are essentially given free rein to rewrite or scrap regulations written by the previous administration. As Justice Gorsuch said, “Each new administration can come in and undo the work of a prior one.
Congress can prevent this from happening by passing the REINS Act without delay. The REINS Act would require congressional approval for every new “major rule” proposed by federal agencies. “Major rules” are defined as any federal rules or regulations with an estimated annual cost of at least $100 million. The bill would also allow Congress to block “nonmajor rules” through a joint resolution. This legislation would force Congress to do its job and further curtail the power of federal agencies.
Unsurprisingly, Mr. Biden repealed both of these orders. On the first day of Mr. Trump’s second term, he should immediately reissue both. Mr. Trump should also go one step further by imposing a separation-of-powers construct on administrative agencies. This would require agencies to separate their executive, legislative and judicial functions into different entities. Enforcement functions would be housed under one agency and rulemaking under another.
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