Supreme Court adds a second case that could limit power of federal agencies

October 15, 2023

The Supreme Court added a second case on Friday that will address the Chevron doctrine that determines how federal agencies make regulations impacting Americans.

The case is now the second on the issue that the court will hear this year that will include all nine justices, as Justice Ketanji Brown Jackson recused herself in the first case.

The details

"By taking up the second case, she will now join her eight colleagues in deciding whether to overturn the Chevron doctrine, which instructs courts to defer to agencies’ interpretations on issues where Congress was silent or ambiguous," the Hill reported.

"The brief, unsigned order sets up both cases to be heard in tandem in January 2024. Decisions are expected by next summer," it added.

The case

"The Loper Bright Enterprises v. Raimondo case involves a herring fishing company fighting against a Department of Commerce regulation that requires it to pay for federal observers aboard its boats," Newsmax reported.

"Relentless v. Department of Commerce surrounds the same regulation and provides a way for Jackson to contribute to the high court's final decision on the doctrine," it continued.

Authority issues

"Both cases involve challenges to the power of federal fisheries regulators to require fishing boat operators to pay for monitors to conduct on-board checks for compliance with federally imposed limits," Politico reported.

"The Department of Commerce interpreted federal law to give its regulators the power to enact such a requirement, and the agency says that, under Chevron, courts should not second-guess that interpretation. Fishing companies argue that the agency has overstepped its authority," it noted.

The Chevron doctrine has been a policy in the U.S. for several decades but has recently been applied to more areas, leading to concerns for an increasing number of Americans.

The decision in the cases could lead to massive changes regarding a variety of government programs, ranging from climate change to financial market regulations.

The case is expected to be heard in January, offering Americans an answer on the important legal issue in the near future.


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