This week, the Supreme Court heard two cases that have the potential to upend our government function as we know it. If the Supreme Court overturns the 40-year-old doctrine known as Chevron deference, it would drastically shrink the power of federal agencies to regulate much of anything at all.
The Supreme Court achieved another goal of the conservative legal movement Friday, when it overturned a long-standing precedent requiring deference to federal agencies when interpreting ambiguous laws on matters of environmental regulation and much more. Simply put, the ruling puts more power in the hands of courts at a time when, not coincidentally, the high court is dominated by Republican appointees, who delivered the 6-3 decision over dissent from the court’s Democratic appointees.
The decision follows Thursday’s 6-3 ruling in another agency case, in which Justice Sonia Sotomayor’s dissent called out the majority’s “power grab.” In Friday’s case, Loper Bright Enterprises v. Raimondo, Kagan wrote that “a longstanding precedent at the crux of administrative governance thus falls victim to a bald assertion of judicial authority. The majority disdains restraint, and grasps for power.
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