October Research is sending Chief Knowledge Officer Mary Schuster and RESPA News Editor Elizabeth Childers back to Capitol Hill, where the two will listen in as the U.S. Supreme Court hears arguments about Chevron deference, an interpretive holding that has influenced administrative law over the last 40 years. Keep an eye on the RESPA News X account and Schuster’s LinkedIn for live coverage.
Chevron U.S.A., Inc. v. NRDC has been a precedence for judicial interpretation since 1984. The court’s holding stated a government agency must conform to any clear legislative statement when interpreting and applying a law; however, when legislative intent is ambiguous, the courts will give agency interpretation deference, so long as it is reasonable.
The Supreme Court granted writ of certiorari for two cases on the matter: Loper Bright Enterprises v. Raimondo, No. 22-451 and Relentless, Inc. v. Department of Commerce, No. 22-1219, likely to allow Associate Justice Ketanji Brown Jackson to opine on the issue, as she had to recuse herself from the Loper case because of her involvement with a lower court in an earlier stage of litigation.
Proponents for doing away with the interpretive rule argue Chevron deference results in a violation of the separation of powers doctrine, allowing Congress to delegate too much of its authority to agencies with as small a phrase as “necessary and appropriate.” While Chevron had its place in its youth, those looking to replace it contend that lower courts have given ambiguous phrases too broad a meaning, allowing agencies to expand their reach in a way not intended by the Constitution.
Those who wish the court to uphold Chevron point to its importance in providing stability and uniformity in administrative law. Weakening or constraining deference to agencies in the judicial system could risk this stability and could result in judges replacing the interpretation done by a knowledgeable agency (done in accordance with the Administrative Procedures Act) with their own policy preferences.
Want to read up on the cases? Check out our previous coverage:
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