Pacific Legal Foundation calls for an end to Chevron judicial deference 

Washington, DC; July 17, 2023: Today Pacific Legal Foundation (PLF) filed an amicus brief in Loper Bright Enterprises v. Raimondo, asking the Supreme Court to overrule Chevron v. NRDC and end judicial deference to federal agencies.

“For decades, Chevron has distorted our system of government. It puts a thumb on the scales of justice at the expense of American citizens facing federal agencies in courts,” said Adi Dynar, an attorney at Pacific Legal Foundation. “Chevron flies in the face of the separation of powers by allowing agencies to usurp the legislative and judicial functions of the other branches of government. The Court should undo this sorry mistake and end Chevron deference once and for all.”

Drawing on PLF’s experience litigating more than 80 cases involving Chevron or similar deference schemes, the brief lays out 27 grievances against Chevron and explains why no amount of judicial tinkering can repair the fundamental constitutional flaws that beset Chevron.

Chevron requires courts to defer to federal agencies’ interpretation of ambiguous statutes. In practice, this invites the regulatory agencies to interpret laws and regulations however they want—a power that should not be vested exclusively in the agencies. And agencies routinely use Chevron to claim more power that was never, in fact, given by Congress. The result is that Americans are subject to more onerous regulations and are unable to seek redress in court.

Loper Bright Enterprises v. Raimondo will be argued in the Supreme Court’s October 2023 term; a decision is expected by June 2024. Loper Bright Enterprises is represented by Cause of Action Institute and Clement & Murphy, PLLC.