It’s time for the Supreme Court to jettison the doctrine known as Chevron deference, which forces federal courts to surrender their judicial function to the unaccountable bureaucrats of the administrative state.
This past January, the high court heard arguments in two cases—Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Commerce Department—that present the opportunity to do just that. A decision in these cases is expected by June.
Article III, Section 1 of the Constitution vests the “judicial Power of the United States” in “one supreme Court” and “such inferior Courts as the Congress may … establish.” As this language makes clear, the Supreme Court is the head of the judicial branch of our federal government. It sits atop the judiciary and superintends the decision-making of lower courts through the opinions it hands down.
The…