Chevron Deference
Chevron deference is based on commonsense and constitutional separation of powers principles. When Congress delegates authority to a federal agency to implement a law, but the law is ambiguous, Chevron deference requires courts to defer to the agency’s interpretation of that law so long as it is reasonable. This principle of deference respects Congress’s decision to empower the agency and its expertise.
Unfortunately, over the past decade, corporate interests that want to roll back regulatory protections have launched an assault on Chevron deference. They know that it is a significant barrier to activist judges striking down regulatory safeguards. Chevron deference ensures that when a court hears a legal challenge to a regulation, the outcome is determined by policy experts with deep knowledge, rather than by the judge’s policy and ideological preferences.
Unlike judges, who are unelected and appointed for life, agencies are democratically accountable to the public through the president and are subject to regular congressional oversight. In addition, to issue or update regulations, agencies must go through a process that requires public input. This is not the case for judicial opinions.
Overturning Chevron deference would give more power to judges, while weakening agencies and their experts. It could threaten countless health, safety, environmental and market safeguards that Americans expect and rely upon.
Resources
Let’s Be Brief: Amicus Briefs Submitted by Corporations Show Opposition to Chevron Deference
Public Citizen: February 1, 2024
Corporate Groups Oppose Chevron Deference in Amicus Briefs
Public Citizen: January 25, 2024
Health and Safety Protections at Risk in Pending US Supreme Court Cases
Daily Journal: January 22, 2024
Coming SCOTUS Cases Could Be Hazardous for Your Health and Safety
Inside Sources: January 17, 2024
Overturning Chevron Deference Would Harm the Public
Public Citizen: January 17, 2024
Supreme Court Appears Poised to Overrule Chevron Deference in Judicial Power Grab
Center for American Progress: January 17, 2024
The Relentless Effort to End Agencies’ Ability to Protect Americans
Center for American Progress: January 16, 2024
Civil Rights Regulations in the Crosshairs: A Primer on the Supreme Court Hearing in Loper Bright Enterprises v. Raimondo
The Leadership Conference on Civil and Human Rights: January 16, 2024
A Supreme Court Ruling on Fishing for Herring Could Sharply Curb Federal Regulatory Power
Center for Progressive Reform: January 11, 2024
Chevron Deference Fact Sheet
CSS: January 10, 2024
How the Supreme Court Could Limit Government’s Ability to Serve Americans in All Areas of Life
Center for American Progress: January 10, 2024
Supreme Court Decision Could Shift Power Away From Federal Agency Experts
Center for American Progress: January 3, 2024
Amicus Brief in Loper Bright Enterprises v. Raimondo
Public Citizen: September 22, 2023
What Happens If the Supreme Court Ends “Chevron Deference?”
Natural Resources Defense Council: June 21, 2023