For 40 years, theChevrondoctrine has corrupted every aspect of American life, from health care to labor laws. TheAffordable Care Act(ACA) deferred to public agency interpretations of the law, which was outrageous that non-elected and non-judges make the law. The Federal Communications Commissi...
On Monday, the court for all practical purposes eliminated any statute of limitations over disputes about agency actions. The case of Corner Post, Inc. v. Board of Governors of the Federal Reserve involved a dispute over a 2011 Federal Reserve regulation on debit card transactions. The regulat...
Last month, the Supreme Court, inLoper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce, overturned Chevron deference, a doctrine that said to federal courts – defer to federal agencies’ interpretations of ambiguous or unclear laws passed by Congress. Alan Morrison In...
In its decision, the Supreme Court overturned the doctrine of “Chevron deference,” which held that when considering challenges to regulations, a court must first determine if Congress had directly addressed the issue at hand. If Congress had not, or if the law was ambiguous, a court ...
, presenting more constitutional issues than it solves. (The authors filed an amicus brief inLoper Brighton behalf of several civil rights organizations supporting the government's position that theChevronDoctrine should not be overturned.) Detractors argue the...