Six amicus groups, highlighted by the Ohio Chamber of Commerce and elements of former state supreme court benches, have lodged friend-of-the-court briefs to pressure the U.S. Supreme Court into revisiting, and potentially overturning, a long-standing legal principle that mandates judicial deference to federal agencies’ interpretations of equivocal laws.
The doctrine, known as Chevron Deference, stems from a 1984 case, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., wherein the nation’s highest court established that, when legislative language is ambiguous, courts should yield to an agency’s interpretations if they are within reason. This has been a fixture of administrative law in the United States for several decades. In its long tenure, the doctrine has drawn its fair share of critics, who decry the broad authority it delegates to federal agencies, possibly undermining the oversight of the judiciary. The recently filed briefs reflect the mounting sentiment in various quarters to reexamine this doctrine.
To find more detailed information concerning the entities involved and their rationale, a report by David Hansen provides greater depth and context. Visit Law360’s coverage here to view their disclosure of the amicus briefs and the possible implications for administrative law and agency regulations should the Supreme Court heed these calls.