Will Baude Writes About the Overturn of Chevron Deference

Understanding Chevron's Death

Today the Supreme Court ruled, 6-3*, to overrule the doctrine of "Chevron" deference to agencies in Loper Bright Enterprises, consolidated with Relentless Inc.

The bottom line should be unsurprising to anybody who had been following the arguments or the Court's treatment of Chevron over the past decade. The only thing that was harder to tell was whether the Court was going to formally overrule Chevron, or announce a major revision to Chevron but retain the name. It went with the former course.

The logic is pretty straightforward. It is the Court's job to say what the law is, including saying whether an executive branch official or agency has exceeded their authority in a particular case. The APA says Court's should decide questions of law. And so courts should do their job, rather than give the tie to the agency in close cases. (That's not to say that there aren't both formal and functional arguments on the other side, I'm just describing the majority's logic.)

Read more at The Volokh Conspiracy

The judiciary