On Friday, the Supreme Court handed down a landmark ruling curtailing federal agencies' regulatory power in a 6-3 decision along ideological lines. The ruling, which reverses the 40-year-old Chevron decision, could lead to sweeping changes in nearly every facet of government regulation.
The ruling, written by Chief Justice John Roberts, is a major victory for conservatives who have sought to erode the power of the bureaucracy in Washington, D.C. "Chevron is overruled," Chief Justice John Roberts wrote. "Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority."
In a concurring opinion, Justice Neil Gorsuch described Chevron Deference as "a grave anomaly when viewed against the sweep of historic judicial practice." The concurring opinion added that the 1984 decision "undermines core rule-of-law values ranging from the promise of fair notice to the promise of a fair hearing" and that it "operated to undermine rather than advance reliance interests, often to the detriment of ordinary Americans."
The dissent, written by Justice Elena Kagan, described the majority's opinion as "judicial hubris." "In one fell swoop, the majority today gives itself exclusive power over every open issue — no matter how expertise-driven or policy-laden — involving the meaning of regulatory law," Kagan wrote. "As if it did not have enough on its plate, the majority turns itself into the country's administrative czar."
The decision was lauded by conservatives nationwide, who have long criticized the decision for expanding the administrative state and granting power to the bureaucracy that Congress didn't grant. "The Chevron doctrine distorted the constitutional separation of powers and helped create the unaccountable, bloated administrative state," Gov. Ron DeSantis (R-FL) wrote. "This decision is a necessary corrective to decades of wayward constitutional jurisprudence but is, by itself, not enough to restore the proper roles of the federal government's three branches, which will require Congress to take its obligations under Article I of the Constitution more seriously by using its law-making and spending authority to rein in the federal bureaucracy."
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