NEXT SUPREME COURT TERM: It could be a very difficult one for supporters of the Administrative State, according to The Epoch Times’ Supreme Court reporter Matthew Vadum. He says two cases that will be argued in January 2024 are especially important.
“The two most-watched cases, Relentless Inc. v. Department of Commerce (court file 22-1219) and Loper Bright Enterprises Inc. v. Raimondo (court file 22-451), will be heard back-to-back on Jan. 17.
“In Relentless and Loper Bright, the court may narrow the application of the so-called Chevron deference doctrine that the Supreme Court articulated in the 1984 landmark ruling, Chevron v. Natural Resources Defense Council (NRDC).
“In Chevron, the court held that while courts ‘must give effect to the unambiguously expressed intent of Congress,’ where courts find ‘Congress has not directly addressed the precise question at issue’ and ‘the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency’s answer is based on a permissible construction of the statute.’
“In other words, Chevron stands for the proposition that when the meaning of a statute is unclear, an executive agency’s interpretation of a statute it administers is entitled to deference unless Congress has said otherwise.”
Well maybe not much longer.