The judiciary is preparing for a potential spike in case load as the U.S. Supreme Court contemplates a decision that could diminish or even reverse the autonomy of federal agencies to interpret ambiguous laws. Should this occur, lower courts would bear the brunt of interpreting technical regulations across fields such as environment and finance, a responsibility currently held by federal agencies.
This transfer of interpretative duties would undeniably increase case load, and with several courts already suffering from under-staffing, any further strain could exacerbate existing judicial emergencies.
What form this judiciary burden will take is dependent on how the justices decide to rule on so-called Chevron deference. If the Supreme Court chooses to impose restrictions or, at the extreme, reverse Chevron completely, and whether such a ruling is retroactive, could trigger a surge in litigation. This could cover reinterpretation not only of future regulatory uncertainties, but also past ones.
For further details, please read the full article on Bloomberg Law.