The Court’s ruling could decide the fate of Chevron deference, a cornerstone of American administrative law. A series of cases in recent years have signaled that the Court is likely ready to move away from Chevron deference. The Court’s more conservative justices seemed largely unpersuaded by the Solicitor General’s arguments for maintaining some form of Chevron deference. In fact, Justice Brown Jackson went so far as expressing concern about judges becoming “uber-legislators” in the absence of Chevron deference. An outcome that narrows or eliminates Chevron deference will undoubtedly lead to an uptick in litigation challenges and greater scrutiny of administrative decisions.
Source: New York Times January 18, 2024 15:31 UTC