A few fishermen just brought about a sea change in administrative law. In Loper Bright v. Raimondo and Relentless v. Department of Commerce, herring boat owners took aim at a mainstay of the Supreme Court’s administrative law jurisprudence: the doctrine of Chevron deference that required judges to defer to executive branch agency interpretations of ambiguous laws.
On Friday, the fishermen prevailed before the high court in a 6-3 decision authored by Chief Justice John Roberts that was joined by all the Republican appointees. Roberts’ holding was as pithy as it was clear: “Chevron is overruled.” Now, federal judges will steer a different course when interpreting laws in agency cases: to “exercise independent judgment in determining the meaning of statutory provisions.”
Chevron was a “cornerstone of administrative law,” as Justice Elena Kagan noted in her…
