The Supreme Court has been very busy handling high profile cases. But it doesn’t get bigger than this.
Because this one U.S. Supreme Court ruling will change American life forever.
Over the past year, the U.S. Supreme Court has handed down several huge rulings that had a major impact on law and society.
The Dobbs case overturned Roe v. Wade, effectively turning the issue of abortion back to the states to decide how they’d approach it.
And the Bruen case ruled that the state of New York can’t require its citizens provide an “accepted” reason for applying for a gun permit, arguing that such a requirement violates the Second Amendment.
But there’s another case that has the potential to be just as critical as those that many may not hear about in the media.
The Supreme Court said on Monday that it would hear a case that may severely curtail the authority of federal agencies and have a substantial impact on future rules and regulations.
In their upcoming term, the justices will decide whether to change a long-standing rule that gives agencies unspoken power when Congress left uncertainty in a statute.
Since the court’s decision in Chevron U.S.A. v. Natural Resources Defense Council was first rendered in 1984, the Chevron deference has grown to be one of the most often cited principles in administrative law.
It comprises a two-step test: first, judges determine whether Congress specifically addressed the relevant topic in the act. Courts defer to agencies in the event of ambiguity so long as their decisions are supported by a “permissible construction.”
Concerns about the precedent and how it has increased the authority of agencies have been voiced by a few conservative members of the top court.
The justices will now consider a case that specifically requests their overturning it. As is customary, the high court made the announcement on Monday in a brief, unsigned order, signaling at least four justices had consented to take up the case.
Loper Bright Enterprises, a herring fishing company, is contesting a decision that upheld a doctrine-based National Marine Fisheries Service (NMFS) regulation.
The rule mandates that federal observers be permitted to board herring fishing vessels to monitor operations and receive compensation for their time. The business claims that the regulation sharply reduces their profit margin unfairly and that the government lacked the authority to implement it.
However, the U.S. Court of Appeals for the D.C. Circuit upheld the federal government’s decision and deferred to NMFS after concluding that the relevant law was unclear.
“Nearly four decades of judicial experience with Chevron have demonstrated that courts are incapable of applying its two-step Chevron framework in a consistent manner,” lawyers for Loper Bright Enterprises argued in court documents.
One of the major reasons why businesses have been leaving America en masse has been because of unfair regulations that make conducting business almost impossible for certain industries in America.
That’s why they leave overseas and find countries that won’t place such unnecessary burdens on their businesses in order to keep the doors open.
If the U.S. Supreme Court overturns the Chevron precedent, it is difficult to understate how important that would be for American business and the economy moving forward.
Stay tuned to Prudent Politics.
