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VICTORY: SUPREME COURT OVERTURNS “CHEVRON DEFERENCE” DOCTRINE IN MAJOR LOPER BRIGHT DECISION
LAKEWOOD, Colo. (June 28, 2024) — Today, in a major decision in Loper Bright Enterprises v. Raimondo, the Supreme Court overturned the legal doctrine of “Chevron deference.” The ruling significantly restricts the ability of federal agencies to issue regulations unless Congress has provided clear authorization.
The decision, as explained by Chief Justice Roberts, resets judicial “deference” to unelected regulators back to the Framers’ separation-of-powers intention: while the Executive Branch implements Congress’s laws, it is the role of the federal Judicial Branch to interpret those laws and “say what the law is.”
The “Chevron deference” doctrine, established in 1984, required courts to defer to federal agencies’ interpretation of ambiguous laws, even if those interpretations defied the best reading of the statute. But this deference resulted in giving unelected bureaucrats enormous power to regulate critical aspects of American life, including energy development, agriculture, education, healthcare, and the workplace.
Here at Mountain States Legal Foundation, we have been fighting for this critical reset, as we filed a brief in the Loper Bright case specifically asking the Supreme Court to provide guidance to the lower federal courts, which instructed those courts to stop deferring to federal regulators against our clients.
Senior Mountain States attorney Ivan London weighed in on the ruling, saying, “The Supreme Court’s decision in Loper Bright is an important step towards ensuring a more balanced and fair judicial approach in cases pitting federal regulators against private parties. This ruling provides much-needed clarity to lower courts, reinforcing that they must not favor federal regulators by default. It’s a significant victory for the rule of law and for those advocating for a more just and impartial legal system. I am proud of the role we played advocating for this result.”
In the opinion, Chief Justice Roberts recognized the damage that “Chevron deference” had done to our Republic: “The Court’s decision today restores the fundamental principle that it is the role of the judiciary to interpret the law. This ruling ensures that only Congress, as the elected representatives of the people, has the authority to make significant regulatory decisions.”
This ruling is a major win, especially for our clients here at Mountain States, who challenge federal agency action. It reinforces the principle that regulatory decisions must be clearly authorized by Congress, ensuring greater accountability and protecting private parties from federal agency overreach.
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Mountain States Legal Foundation (MSLF) is a nonprofit, public-interest legal firm established in 1977. MSLF is dedicated to individual liberty, limited and ethical government, and the benefits of the free enterprise system. MSLF defends its clients through pro bono litigation and seeks victory for its clients at the highest level possible to establish binding legal precedents to benefit millions of Americans. Through its litigation and public discourse, MSLF educates the American public on the threat unrestrained government presents to our liberties. Learn more at mslegal.org