Friday, June 28, 2024

Dumping Chevron a Big Deal

Everyone is excited about the debate and Biden’s poor performance therein. An actually more important story that may be eclipsed is SCOTUS overturning the so-called Chevron doctrine.

Forty years ago the Chevron decision held courts had to defer to regulatory agencies’ often sweeping interpretations of their powers to dictate rules and regulations. The Roberts court just called this hyper-delegation of powers simply wrong.

Dumping Chevron will mean legislatures will have to spell out the rules they wish such agencies to enforce in considerable detail. Almost inevitably this will curtail the power of agency heads - a good thing.