ALEC Report Finds 22 States Have Ended Chevron Deference
South Carolina is the most recent state to end judicial deference, striking it down in June.
WASHINGTON, July 16, 2026 – Nearly half of states have dropped Chevron deference or judicial deference that causes courts to rely on a federal agency’s interpretation of law, a recent American Legislative Exchange Council report finds.
The Judicial Deference Reformed: How States are Reclaiming Judicial Autonomy from Bureaucratic Influence report found 22 states have eliminated the Chevron deference through constitutional amendments, court decisions or legislatures.
Director of the ALEC Judiciary Task Force Nino Marchese, the author of the report, said the report is intended to give lawmakers a look at how states are responding to the Supreme Court’s decision.
South Carolina became the most recent state to end the rule, striking down Chevron deference on June 30. Last year, Kentucky, Texas, Oklahoma, Louisiana and Missouri all voted to strike down the rule.
The Chevron deference originated in the 1984 Supreme Court case Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. The deference required federal courts to defer to agencies like the Federal Communications Commission to interpret ambiguous Congressional statutes.
However, the forty-year-old precedent was overturned by a 6-2 decision in Loper Bright Enterprises v. Raimondo in 2024. Agencies like the FCC will have to defend its interpretation of federal law as the best reading, or it will lose in court.
The American Legislative Exchange Council, based in Arlington, Va., is a non-profit organization made up of conservative state legislators and private sector representatives.
