IS CONGRESS UP TO ITS POST-CHEVRON CHALLENGE? When the Supreme Court nullified the Chevron Deference doctrine earlier this year, it threw down the gauntlet to Congress. Under Chevron, courts were required to defer to executive branch bureaucrats whenever there was confusion about congressional intent on a regulation.

Now, as I explain in my latest Epoch Special Report, with that deference no longer required, the monkey is on the back of Congress to tighten up the way it writes legislative authorizations to make its intent clearer and more precise as to what the bureaucrats can and cannot do.

But is Congress up for that challenge? Liberals love Chevron because it puts the bureaucrats in control. A lot of senators and representatives from both parties also love Chevron because it supposedly gets Congress off the hook for bad regulations.

But the Founders made Congress the First Branch for a multitude of reasons, the most important of which being to ensure the executive branch bureaucracy doesn’t become too powerful.

In recent decades, with the growth of the Administrative State, however, the bureaucrats are in control and Congress seems unable and/or uninterested in calling a halt and putting the executive branch back in its place.

They don’t like to talk about it, but responding to Chevron is among the most important challenges that will confront senators and representatives alike in the new Congress  come January 2025.