The Supreme Court is hearing a case involving Atlantic herring fishermen, which could have significant consequences for federal regulations.
The case questions the Chevron deference doctrine, which allows executive agencies to interpret laws, potentially leading to policy shifts away from Congress.
The conservative majority on the court seems inclined to overturn Chevron, arguing that it has allowed Congress to become complacent.
Justice Gorsuch said, “The cases I saw routinely on the courts of appeals – and I think this is what niggles at so many of the lower court judges – are the immigrant, the veteran seeking his benefits, the Social Security disability applicant, who have no power to influence agencies, who will never capture them, and whose interests are not the sorts of things on which people vote.”
Justice Brett Kavanaugh said Chevron “ushers in shocks to the system every four or eight years when a new administration comes in.”
However, some express concerns about the potential disruption to the legal system if the precedent is overturned.
The outcome is likely to rest on the decisions of Chief Justice John Roberts and Justice Amy Coney Barrett, with some conservative appointees supporting the idea of doing away with Chevron.
The case highlights the need for Congress to take responsibility for resolving legislative ambiguities.
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