Just weeks after the Supreme Court’s decision in Loper Bright v. Raimondo, a group of lawmakers is trying to reverse it. Senator Elizabeth Warren and others have introduced a bill that would restore Chevron deference, which requires judges to defer to agencies’ interpretations of ambiguous statutes even against those judges’ better judgment. While the legislators claim their bill promotes democratic governance, their actions would have the opposite effect.
Established in the 1984 case of Chevron v. Natural Resources Defense Council, Chevron deference has been a powerful thumb on the scales in favor of the government. One study found that when courts applied Chevron deference, the agency won the underlying dispute 77.5 percent of the time, compared with just 32.7 percent without Chevron deference.
Comments