Chevron Deference
Kerby Anderson
Last July, I wrote a brief commentary about what has been called Chevron deference. This is the idea that the court should always give deference to an administrative agency when it interprets an ambiguous statute.
The recent 6-3 Supreme Court ruling dealt a significant blow to the administrative state and the power wielded by federal bureaucrats. One of the legal guests on my radio program concluded that it may have been the most significant case in this session of the Supreme Court. If you think the “deep state” has too much power and has become unaccountable, you will probably agree.
The concept goes back to the Supreme Court’s 1984 opinion in Chevron v. National Resources Defense Council. They argued that the courts must defer to a federal agency’s interpretation. In the case before the high court was the argument from commercial fishermen that a government agency charged them even though Congress did not give the agency authority to do so.
Chief Justice John Roberts wrote the majority opinion and explained that “most fundamentally, Chevron’s presumption is misguided because agencies have no special competence in resolving statutory ambiguities. Courts do.”
The counter argument is that the courts, or even Congress, lack the technical expertise to evaluate statutes and policies. In some cases, that may be true. But it does not follow that those decisions should be made by unelected bureaucrats currently working in the bowels of the Biden administration. If they make a flawed interpretation, as I mentioned in my previous commentary, there’s nothing Americans can do to fire that bureaucrat.
This was an important Supreme Court decision, even if most Americans don’t yet understand its importance.
Listen to this Viewpoint
Viewpoints
View All
AI’s Boom and Doom
Perhaps you have noticed AI’s boom and doom. One minute, investors were talking about the wonderful benefits of artificial intelligence and encouraging potential investors to throw their money at AI d...
Place For Prayer
Some people might wonder why we need a law that protects the right of houses of worship to use their facilities for religious purposes. But we do. And we have one: RLUIPA, the Religious Land Use and I...
Social Security
Most federal reports are unfortunately greeted with a yawn. But the report from the trustees who oversee Social Security deserved more attention than it received.
Take Action
View All
Protect Privacy Against Flock Cameras
Flock cameras are everywhere. While one camera is a tool, the more than 100,000 AI-powered cameras now posted around our nation are a new layer of dig...
Support the Safeguarding Women from Chemical Abortion Act
The abortion pill harms women and kills unborn children. Congress must act.