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The court’s decision in Loper Bright Enterprises v. Raimondo, which overruled the 40-year-old Chevron v. Natural Resources Defense Council, won’t affect Americans’ lives in as stark and immediate a way as the 2022 decision overruling Roe v. Wade. But like Dobbs v. Jackson Women’s Health Organization, Loper Bright has the potential to fundamentally transform major aspects of the health, safety and well-being of most Americans. That’s especially true when it is viewed alongside some of the other major cases about agency power the court has handed down in recent terms — and indeed in recent days — that have stripped agencies of power and shifted that power directly to federal courts. Just this week, the court eliminated a key mechanism used by the Securities and Exchange Commission to enforce securities laws and enjoined an important Environmental Protection Agency emissions standard based on, in the words of Justice Amy Coney Barrett in dissent, an “underdeveloped theory that is unlikely to succeed on the merits.”Out of the 1984 Chevron decision came the doctrine of Chevron deference. In essence, Chevron deference allowed agencies to use their expertise to determine how to carry out laws passed by Congress — laws intended to keep our air and water clean, our drugs safe and effective, and our securities markets protected from fraud and deception.
Persons: Raimondo, , overruling Roe, Wade, Dobbs, Loper Bright, Amy Coney Barrett Organizations: Loper Bright Enterprises, Natural Resources Defense Council, Jackson, Health Organization, Securities and Exchange Commission, Environmental Protection Agency, Congress Locations: Chevron
With its decision in Loper Bright Enterprises v. Raimondo on Friday, the Supreme Court has put new limits on how government regulators can interpret the law. The court’s decision will limit the power of federal agencies like the Environmental Protection Agency, the Federal Communications Commission and the Food and Drug Administration to interpret the laws they administer — as, for example, in the E.P.A.’s mandating reduced emissions from power plants on the basis of its own interpretation of the Clean Air Act. This decision has set off alarms for some, but it actually points the way toward a role for the courts that is less divisive — because it pushes everyone in our system, including judges and Congress, toward their proper constitutional work. By narrowing the so-called Chevron deference, the court has reasserted its authority over the meaning of vague legislation. Doing so may press Congress to make its law-writing more definitive and call on administrative agencies to apply substantive subject-matter expertise, rather than conjure the meanings of the laws they are meant to carry out.
Persons: Raimondo Organizations: Loper Bright Enterprises, Environmental Protection Agency, Federal Communications Commission, Food and Drug Administration, Act Locations:
Birds fly outside the U.S. Supreme Court on the day justices issue orders in pending appeals in Washington, U.S., June 24, 2024. Republican lawmakers and the U.S. Chamber of Commerce praised the Supreme Court decision Friday overturning the so-called Chevron Doctrine, which for four decades led judges to defer to how federal agencies interpreted a law when its language was not clear. GOP lawmakers said the 6-3 decision by the Supreme Court undid a precedent that they argued had unjustly strengthened the power of unelected government officials. "After forty years of Chevron deference, the Supreme Court made it clear today that our system of government leaves no room for an unelected bureaucracy to co-opt this authority for itself," McConnell said. "It's a huge blow to the administrative state in Washington, D.C. No one elects bureaucrats to make these decisions," Cotton said of the decision, which overturned the Supreme Court's ruling in 1984 in a case known as Chevron v. Natural Resources Defense Council.
Persons: Mitch McConnell, McConnell, Suzanne Clark, Clark, Jeff Holmstead, Bracewell, Holmstead, Chevron, Sen, Tom Cotton, Raimondo, Cotton Organizations: U.S, Supreme, Republican, U.S . Chamber, Commerce, GOP, Air, Environmental Protection Agency, Fox News, Loper Bright Enterprises, Constitutional, Chevron, Natural Resources Defense Locations: Washington , U.S, Ky, Washington ,
The Supreme Court on Friday overturned a decades-long legal precedent that has empowered the federal government to regulate the environment and other issues, unleashing a potential threat to President Joe Biden's climate policies. The court overruled the Chevron doctrine, one of the most important principles guiding federal regulation for the past 40 years. Last year, the Supreme Court significantly narrowed how many wetlands EPA can regulate to keep them clean. How did this case end up at the Supreme Court? They argued the Chevron doctrine injures small businesses and individuals who have little power to influence federal agencies.
Persons: Joe Biden's, Chevron, John Roberts, Joe Biden, Biden, Raimondo, Charles Koch Organizations: Service, Business, Environmental Protection Agency, Republican, Bright Enterprises, Inc, Department of Commerce, Action Institute, Chevron, Appeals, District of Columbia Circuit, National Marine Fisheries Service Locations: Chevron
The nation's highest court typically wraps up its business by the end of June, but court watchers count roughly a dozen major pending decisions. Trump v. United States: The Trump immunity caseThe implications for Trump alone made this the most closely-watched case this term. As Justice Neil Gorsuch said during oral arguments, the court may write "a rule for the ages." Justices heard oral arguments in a case brought by commercial fishermen about a rule requiring them to pay for monitors that track potential overfishing. Justice Elena Kagan said during oral arguments that 70 Supreme Court rulings and more than 17,000 lower-court decisions have relied on Chevron.
Persons: , Donald Trump's, Trump, Neil Gorsuch, Ketanji Brown Jackson, Jack Smith's, Smith, Lev Radin, Fischer, Joseph Fischer's, John Roberts, Loper, Raimondo, Biden, Elena Kagan, Andrew Harnik, Moyle, Roe, Joshua Turner, Ken Paxton, Brandon Bell, Ron DeSantis Organizations: Service, Trump, Business, . United, Police, United, Enron, Capitol, Electoral, Biden, Washington Post, Loper Bright Enterprises, FDA, Chevron, Natural Resources Defense, Inc, Getty, Idaho, Labor, Paxton, Industry, Gov, The Washington Post, Court, GOP Locations: . United States, United States, Pennsylvania, Chevron U.S.A, Idaho's, Idaho, Texas, Red, Florida
CNN —The Supreme Court is turning toward the final, frenzied weeks of its term, readying potential blockbuster decisions on abortion, guns and former President Donald Trump’s claims of absolute immunity. Trump claims ‘absolute’ immunityTrump’s appeal for immunity from special counsel Jack Smith’s election subversion charges landed at the Supreme Court late in the term and instantly overshadowed most of the docket. The Supreme Court then put that ruling on hold last year, maintaining the status quo while it decided the case. Government regulation of FacebookThe Supreme Court is confronting a series of cases at the intersection of the First Amendment and social media. The Republican governors who signed the laws said they were needed to keep the social media platforms from discriminating against conservatives.
Persons: Donald Trump’s, , Roe, Samuel Alito, Trump, Jack Smith’s, Biden, Wade, Matthew Kacsmaryk, Kacsmaryk, Joseph Fischer, , Joe Biden’s, Zackey Rahimi, Bruen, Moody, Washington, Raimondo Organizations: CNN, Wade, Conservative, Supreme, White, Trump ., Food and Drug Administration, FDA, Alliance for Hippocratic, US, Pennsylvania, Capitol, Trump, Prosecutors, New York, Rahimi, Facebook, Florida, Biden, Republican, Atlantic, of Commerce, Chevron, Natural Resources Defense, Conservatives, Bright Enterprises, . Department of Commerce Locations: Virginia, New Jersey, Washington, Idaho, Moyle v, Amarillo , Texas, , Texas, New, Louisiana, Florida, Atlanta, New Orleans, Paxton, – Missouri, . Missouri
The Major Supreme Court Cases of 2024No Supreme Court term in recent memory has featured so many cases with the potential to transform American society. In 2015, the Supreme Court limited the sweep of the statute at issue in the case, the Sarbanes-Oxley Act of 2002. In 2023, the Supreme Court temporarily blocked efforts to severely curb access to the pill, mifepristone, as an appeal moved forward. A series of Supreme Court decisions say that making race the predominant factor in drawing voting districts violates the Constitution. The difference matters because the Supreme Court has said that only racial gerrymandering may be challenged in federal court under the Constitution.
Persons: Donald J, Trump, Anderson, Sotomayor Jackson Kagan, Roberts Kavanaugh Barrett Gorsuch Alito Thomas, Salmon, , , Mr, Nixon, Richard M, privilege.But, Fitzgerald, Vance, John G, Roberts, Fischer, Ruth Bader Ginsburg, Clarence Thomas, Samuel A, Alito Jr, Alito, , Moyle, Wade, Roe, Johnson, Robinson, Moody, Paxton, Robins, Media Murthy, Sullivan, Murthy, Biden, Harrington, Sackler, Alexander, Jan, Raimondo, ” Paul D, Clement, Dodd, Frank, Homer, Cargill Organizations: Harvard, Stanford, University of Texas, Trump, Liberal, Sotomayor Jackson Kagan Conservative, Colorado, Former, Trump v . United, United, Sarbanes, Oxley, U.S, Capitol, Drug Administration, Alliance, Hippocratic, Jackson, Health, Supreme, Labor, New York, Homeless, Miami Herald, Media, Biden, National Rifle Association, Rifle Association of America, New York State, Purdue Pharma, . South Carolina State Conference of, Federal, Loper Bright Enterprises, . Department of Commerce, Chevron, Natural Resources Defense, , SCOTUSPoll, Consumer Financial, Community Financial Services Association of America, Securities, Exchange Commission, Exchange, Occupational Safety, Commission, Lucia v . Securities, Federal Trade Commission, Internal Revenue Service, Environmental Protection Agency, Social Security Administration, National Labor Relations Board, Air Pollution Ohio, Environmental, Guns Garland, Alcohol, Tobacco, Firearms, Explosives, National Firearms, Gun Control Locations: Colorado, Trump v . United States, United States, Nixon, Florida, Gulf of Mexico, Dobbs v, Idaho, Roe, Texas, States, New, New York, Grants, Oregon, . California, Martin v, Boise, Boise , Idaho, Missouri, Parkland, Fla, Murthy v . Missouri, . Missouri, ., South Carolina, Alabama, SCOTUSPoll, Lucia v, Western
New details for President Joe Biden's student-loan forgiveness plan are out — and it's already shaping up to be a rocky road to implementation. Related storiesCoglianese is referring to a rule known as the Chevron doctrine, the fate of which is currently awaiting a Supreme Court ruling. AdvertisementHerrine said he expects the same groups who brought the cases against Biden's first debt relief plan to challenge this second one. "The administration is certainly still facing a very skeptical Supreme Court," Coglianese said. "Even though it's a different statute, it's still a skeptical Supreme Court.
Persons: Joe Biden's, Biden's, Biden, , Cary Coglianese, Coglianese, Chevron, Raimondo, Luke Herrine —, Herrine, Andrew Bailey, it's, It's Organizations: Service, Education Department, Higher, Business, The Education Department, University of Pennsylvania, Loper Bright Enterprises, National Marine Fisheries, Supreme, Biden, Chevron, University of Alabama — Locations: Chevron, Missouri
Her memoir was, appropriately, entitled: “Are You Tough Enough?”Her son Neil Gorsuch, a Supreme Court justice since 2017, has shown his own brand of defiance and anti-regulatory fervor. In recent years, Justice Gorsuch has voted against regulations that protect the environment, student-debt forgiveness and Covid-19 precautions. He has led calls on the court for reversal of a 1984 Supreme Court decision that gives federal agencies considerable regulatory latitude and that, coincidentally traces to his mother’s tenure. The lawyers who will argue on behalf of the challengers are seasoned appellate advocates who once served as Supreme Court law clerks, as did Solicitor General Prelogar. That argument has prevailed in courts for decades, but the Supreme Court has signaled that it is ready for a new era.
Persons: Anne Gorsuch, Ronald Reagan White, Neil Gorsuch, Gorsuch, Chevron, Charles Koch, Trump, , , ” Gorsuch, Elizabeth Prelogar, ” Neil Gorsuch, Ronald Reagan, , Robert Burford, Anne Burford, Neil, John Paul Stevens, Thomas Merrill, Stevens, Merrill, Magnuson, Koch, Prelogar, Roman Martinez, ” Martinez, ” Paul Clement, ” Clement, ” Prelogar, Biden, Don McGahn, Anne Gorsuch Burford, McGahn, “ I’ve Organizations: CNN, Environmental Protection Agency, Congress, Ronald Reagan White House, Chevron USA, Inc, Natural Resources Defense Council, Chevron, Marine Fisheries Service, , Supreme, , White House, Land Management, Columbia University, Conservative, National Marine Fisheries Service, Loper Bright Enterprises, Stevens Conservation, Management, “ Chevron, Trump Locations: Washington, Chevron, Colorado
Journal Editorial Report: Paul Gigot interviews pollster Mark Penn. Images: AP/Zuma Press Composite: Mark KellyThe Supreme Court has been trying to restore the proper constitutional balance of power, and its next opportunity comes Wednesday when it hears two cases challenging its own landmark Chevron doctrine (Loper Bright Enterprises, Inc., v. Raimondo and Relentless, Inc. v. Dept. In 1984 in Chevron v. NRDC, the Justices ruled that courts should defer to administrative agencies’ interpretation of laws when the statutory text is silent or ambiguous. In practice this has become a license for Congress to write vague laws that delegate legislative power to administrative agencies. Over the last 40 years the federal register of regulations has grown by tens of thousands of pages.
Persons: Paul Gigot, pollster Mark Penn, Mark Kelly, Raimondo Organizations: Zuma, Bright Enterprises, Inc Locations: Chevron v
On Wednesday, the Supreme Court is hearing a case challenging the authority of federal agencies. AdvertisementThree major Supreme Court cases could upend the way the government works — and put Americans' federal benefits and consumer protections at risk. These are the other big cases to follow on the Supreme Court's docket. AdvertisementChanging how the federal government is allowed to make regulationsAnother Supreme Court challenge has big implications for the way all federal agencies function. AdvertisementThe Supreme Court will likely issue final decisions on these cases by June.
Persons: , George Jarkesy, Jarkesy, Sheila Bair, Loper, Raimondo Organizations: Service, SEC, Securities and Exchange Commission, Center, American Progress, Social Security, Social Security Administration, Financial, Community Financial Services Association of America Ltd, Federal, Fifth Circuit, Federal Deposit Insurance, Loper Bright Enterprises, National Marine Fisheries Locations: Chevron
Washington CNN —Justice Clarence Thomas attended a private dinner in 2018 during a winter donor summit of the Koch network, the political organization founded by libertarian billionaires Charles and David Koch, ProPublica reported Friday. Thomas attended Koch donor events at least twice over the years, according to interviews with three former Koch network employees and one major donor conducted by ProPublica. Thomas arrived for the 2018 dinner on a Gulfstream G200 jet, although a Koch network spokesperson told the outlet that the network did not pay for the private jet and it was not disclosed on his financial disclosure forms for that year. A spokesperson for the Koch network told ProPublica that Thomas wasn’t present for fundraising conversations. CNN has reached out to the Supreme Court for comment.
Persons: Clarence Thomas, Koch, Charles, David Koch, ProPublica, Thomas, , Thomas ’, Thomas wasn’t, ” Thomas, Loper, Raimondo, Critics, Clarence Thomas ’, Charles Koch, Harlan Crow, Lisa Graves, Crow Organizations: Washington CNN —, Koch, ProPublica, Gulfstream G200, CNN, Loper Bright Enterprises, Inc, Conservatives, Chevron, Natural Resources Defense, True, Research, GOP Locations: Congress, Washington
The US Supreme Court will take up a case brought by a group of New Jersey fishermen. If overturned, the case could have major impacts on federal climate and environmental regulations. The doctrine, established in the 1984 Supreme Court case Chevron USA v. Natural Resources Defense Council, calls for courts to defer to federal agencies' interpretations of ambiguous federal laws. Cause of Action Institute counsel Ryan Mulvey added that the Supreme Court "has an opportunity to correct one of the most consequential judicial errors in a generation." The conservative-majority Supreme Court is slated to hear the case in its next term.
WASHINGTON — The Supreme Court agreed on Monday to take up a case that could make it easier to curtail the power of administrative agencies, a long-running goal of the conservative legal movement that could have far-reaching implications for how American society imposes rules on businesses. In a terse order, the court said it would hear a case that seeks to limit or overturn a unanimous 1984 precedent, Chevron v. Natural Resources Defense Council. According to the decision, if part of the law Congress wrote empowering a regulatory agency is ambiguous but the agency’s interpretation is reasonable, judges should defer to it. The National Marine Fisheries Service established the rule, and a group of companies has challenged whether the agency had the authority to do so. When the Supreme Court decides on the case, most likely in its next term, the outcome could have implications that go beyond fisheries.
The case is the latest bid asking the Supreme Court, which has a 6-3 conservative majority, to rein in the authority of federal agencies. The companies are asking the Supreme Court to overturn its own decades-old precedent calling for judges to defer to federal agency interpretation of U.S. laws, a doctrine called "Chevron deference." The New England herring fishing regulations were issued by the fisheries service, part of the U.S. Commerce Department. The Biden administration said in court papers that the monitoring program will be suspended for the fishing year starting in April due to insufficient federal funding. The Supreme Court is due to hear the case in its next term, which begins in October.
That ruling, widely known as “Chevron deference,” directs judges to defer to agencies’ interpretation of laws that may be ambiguous. The companies sued the federal government in 2020 over the monitors, who ensure the boats are complying with federal fishing laws. The precedent has been viewed with increasing skepticism in recent years, especially among conservatives, including Supreme Court Justice Neil Gorsuch. v. Gina Raimondo et al., United States Supreme Court, case No. For the fishing companies: Paul Clement, Andrew Lawrence and Chadwick Harper of Clement & MurphyFor the government: Counsel information not immediately availableOur Standards: The Thomson Reuters Trust Principles.
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