The United States federal government has submitted its opening brief to the U.S. Supreme Court in what could be the most significant administrative law case in recent decades; the case questions the long-standing “Chevron deference” given to government agencies. Established almost four decades ago, this doctrine has greatly influenced administrative law, providing a stable backdrop against which Congress has legislated, and is reflected in thousands of judicial decisions.
The justices are examining whether this almost 40-year-old doctrine of deferring to federal agencies should persist. U.S. Solicitor General Elizabeth Prelogar, in her brief, emphasized that the principles of stare decisis — the doctrine of following legal precedent — strongly support the continuation of the Chevron deference. Overturning the Chevron deference, according to the federal government, could introduce an unprecedented level of uncertainty and instability into the administrative law space.