Supreme Court Decision in Loper Bright v. Raimondo: A Watershed Moment for Federal Agency Power
The Chevron Precedent: 40 Years Overturned
On June 30, 2023, the US Supreme Court issued a groundbreaking decision in Loper Bright Enterprises v. Raimondo, overturning a longstanding precedent known as the Chevron doctrine. The Chevron precedent, established in 1984, required courts to defer to federal agencies’ interpretations of ambiguous laws, giving agencies substantial authority in shaping policy.
A Conservative Reshaping
The 6-3 majority opinion, written by Chief Justice John Roberts, reversed Chevron, asserting that federal agencies “have no special competence in resolving statutory ambiguities.” The decision reflects a broader push by conservative justices to limit the power of federal agencies, which they see as overreaching and unaccountable.
Anne Gorsuch’s Legacy Unraveled
The decision carries personal significance for Justice Neil Gorsuch, whose mother, Anne Gorsuch, led the Environmental Protection Agency (EPA) under President Ronald Reagan. Anne Gorsuch played a pivotal role in establishing the Chevron precedent, which was seen as a setback for environmentalists.
A Son’s Recantation
Justice Gorsuch, who dissented from the Chevron ruling in 2017, hailed Loper Bright as a “return to the interpretive rules that have guided federal courts since the Nation’s founding.” His concurrence reflects the generational shift in the Supreme Court’s ideology.
The Consequences: A Power Shift to the Courts
Loper Bright transfers a significant amount of policymaking authority from federal agencies to the courts. Agencies, traditionally staffed with experts, are now subject to greater judicial oversight, even on technical matters. This shift raises concerns about the capacity of courts to handle the influx of complex policy questions.
A Laborious Burden for the Judiciary
The Supreme Court itself is likely to face a heavy workload as a result of Loper Bright. Instead of relying on agency expertise, the court will now have the final say on a wide range of policy issues, from environmental regulations to healthcare decisions.
A Triumph for Republican Party Control
While the decision is celebrated by Republicans, it may haunt them in the future. By granting the judiciary such broad authority, the court has created an avenue for conservative justices to wield significant influence over policy, even in the absence of Republican control of the executive and legislative branches.
A Legacy of Uncertainty and Partisanship
Loper Bright leaves a lasting legacy of uncertainty and partisan conflict in the governance of federal agencies. The erosion of Chevron deference threatens to politicize policymaking and undermine the effectiveness of government.
A Call for Moderation
In light of the sweeping changes brought about by Loper Bright, some legal experts call for restraint from both agencies and courts. Agencies should strive for clarity and consultation, while courts should be mindful of their limited expertise and avoid substituting their own policy preferences.
Conclusion
The Supreme Court’s decision in Loper Bright v. Raimondo represents a seismic shift in the balance of power between federal agencies and the judiciary. Its consequences are far-reaching and will shape the policy landscape for decades to come. As the court grapples with the complexities of Loper Bright, the nation’s governance will navigate a new and uncertain era characterized by increased judicial power and partisan influence.
Mehek