Hot Air

Chevron Deference Has Ceased to Be – HotAir

Another big decision from the Supreme Court today. The Court’s conservatives united to overturn a 1984 case which established what is known as Chevron deference. This will be a major blow to the executive branch which can now expect a lot more scrutiny from the courts.

The decision overturns the Chevron v. Natural Resources Defense Council precedent that required courts to give deference to federal agencies when creating regulations based on an ambiguous law. Congress routinely enacts open-ended laws that give latitude to agencies to work out — and adjust — the details to new circumstances.

“Chevron is overruled,” Chief Justice John Roberts wrote in his majority opinion. “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”

Justice Neil Gorsuch, the son of a former Environmental Protection Agency…

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