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The Supreme Court Is About to Seize Way More Power From Democratic Presidents

via PBS
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The Supreme Court’s conservative majority is signaling an intent to overturn decades of precedent, particularly the Chevron deference, which directs judges to defer to agency expertise in statutory interpretation.

The court’s shift reflects a broader move against administrative regulations, with potential implications for a wide range of policies, from environmental protection to civil rights.

The liberal justices defended Chevron as respecting democratic choices, while the conservative justices expressed hostility toward it, signaling potential challenges to various regulations.

Justice Kavanaugh said, “The reality of how this works, is Chevron itself ushers in shocks to the system every four or eight years when a new administration comes in—whether it’s communications law or securities law, competition law or environmental law, it goes from pillar to post.”

He added that administrations change policies, “because they have disagreements with the policy of the prior administration.”

Solicitor General Elizabeth Prelogar, said, “There’s nothing inherently problematic or incompatible with our system of government to recognize that agencies can carry out” new policies.

Justice Gorsuch said, Chevron “has this disparate impact on different classes of persons.”

The potential demise of Chevron deference could lead to significant disruptions and empower the courts to make policy decisions traditionally within the purview of elected officials.

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