Senate Republicans, Democrats Split over Chevron Doctrine
'After years of confusion and uncertainty, the Supreme Court overruled Chevron, restoring integrity, transparency, and constitutional adherence to the federal judiciary,' Crapo said.
Joel Leighton
WASHINGTON, July 30, 2024 – Senate Republicans and Democrats have clashing views on the Supreme Court’s decision to abolish the Chevron doctrine, a judicial canon that gave agencies like the Federal Communications Commission a leg up in federal court.
In a recent column posted on his website, Sen. Mike Crapo, R-Idaho., praised the Supreme Court’s decision for curbing the power of government agencies to regulate industry. Meanwhile, Sen. Elizabeth Warren, D-Mass., has joined with other Senate progressives on a bill to restore agency deference under Chevron.
On June 28, the Supreme Court overruled Chevron in Loper Bright Enterprises v. Raimondo, reversing a precedent that had required federal courts to defer to the FCC’s reasonable interpretation of ambiguous laws passed by Congress.
“After years of confusion and uncertainty, the Supreme Court overruled Chevron, restoring integrity, transparency and constitutional adherence to the federal judiciary,” Crapo said.
Crapo argued that the 40-year-old Chevron doctrine had emboldened government agencies to circumvent Congress and preempt state law. He said that this judicial advantage for agencies had created a chilling effect on private sector entities that sought to challenge regulatory decisions.
“Countless plaintiffs have undoubtedly shied away from filing justified suits, recognizing the Chevron doctrine stacked the deck in favor of the federal bureaucracy,” Crapo said.
Crapo noted that federal rules cost small businesses an average of $11,700 per employee annually. He argued that the increased predictability and consistency resulting from the Loper decision will stimulate job growth and enhance economic competition.
Finally, Crapo also observed that Congress will need to give clear instructions to agencies on the scope of their regulatory activity.
“Congress must write clear laws, as federal agencies write regulations that implement these laws and courts write opinions that interpret these laws,” Crapo said.
In contrast, some Democratic Senators have decided to pursue legislative efforts to reinstate the Chevron Doctrine.
Upset with the outcome in Loper, Warren last week introduced the Stop Corporate Capture Act, which would amend the Administrative Procedure Act of 1946 in a manner that would reinstate Chevron deference. The APA was the law cited by the Supreme Court in Loper to overrule the Chevron doctrine.
In a press release, Warren argued that the overruling of Chevron must be reversed legislatively, saying that Loper would give industry-backed lobbyists disproportionate influence in the regulatory process.
“The Supreme Court’s overturning of Chevron undermines our government’s ability to promote worker safety, ensure clean air and water, and protect consumers,” Warren said.
The bill was co-sponsored by Richard Blumenthal, D-Conn., Cory Booker D-N.J., Mazie Hirono, D-Hawaii, Ben Ray Luján, D-N.M., Edward Markey, D-Mass., Jeff Merkley, D-Ore., Bernie Sanders, I-Vt., Chris Van Hollen, D-Md., Peter Welch, D-Vt., and Ron Wyden, D-Ore.
