The Supreme Court announced Monday it will take up a case next term that could overturn a 40-year-old precedent — and reshape the acronym-heavy DC administrative state.
By opting to hear a case involving New Jersey fishermen, the justices will return to the high court’s 1984 ruling in Chevron v. Natural Resources Defense Council, one of the most commonly cited Supreme Court cases — and the bane of conservatives.
In the Chevron case, the court articulated a two-part “deference test” — known as the “Chevron test” — which found that federal agencies may interpret statutes without direct congressional approval, if legislators left the laws unclear and if the agency’s interpretation was deemed reasonable.
Four of the Court’s six conservative justices have already expressed skepticism about the concept of deference outlined in Chevron.
In 2016, while still an appeals court judge, Justice Neil Gorsuch wrote the ruling allowed “executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers’ design.”
Read more at https://nypost.com/2023/05/01/supreme-court-to-revisit-chevon-case-and-could-shake-up-dc/
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