As I write this, we await the Supreme Court’s ruling on the so-called Chevron deference (or doctrine). It concerns the power of federal agencies to interpret laws and promulgate them into regulations that affect nearly every American in one way or another. It’s not sexy, but it could end up being the most significant case the court will rule on this year—maybe in any year.
Chevron deference allows the courts, through a two-step process, to defer to “reasonable” administrative agency interpretations if a federal statute is unclear or ambiguous. It paves the way for agency hacks to, in essence, make laws under the guise of rulemaking. It gives federal agencies (and the president in power) broad authority to regulate everything from health care to immigration to women’s sports to COVID jabs.
The high court consolidated two cases—Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce—and heard oral arguments in January of this year. […]
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