No. of Recommendations: 3
The Supremes have a case coming up (
Loper Bright Enterprises vs. Raimondo) that will have potentially have big implications on everyday life: in this case, they're planning on revisiting a portion of the so-called "Chevron Deference".
The Chevron Doctrine:
https://www.law.cornell.edu/wex/chevron_deferenceOne of the most important principles in administrative law, the 'Chevron deference' was coined after a landmark case, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 468 U.S. 837 (1984). The Chevron deference is referring to the doctrine of judicial deference given to administrative actions. In Chevron, the Supreme Court set forth a legal test as to when the court should defer to the agency's answer or interpretation, holding that such judicial deference is appropriate where the agency's answer was not unreasonable, so long as Congress had not spoken directly to the precise issue at question. On its face, this seems reasonable: There's no need to question the IRS on tax treatment of every single sub-class of ETFs, for example, in court. However, increasingly we see alphabet agencies getting out over their skis in terms of their rulemaking power - the ATF and pistol braces, the EPA with puddles in your backyard, etc.
One to keep an eye on.
https://twitter.com/JonathanTurley/status/16530433......Here is the question: 'whether the Court should overrule Chevron or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.' 