Justice Elena Kagan has expressed concerns that the Supreme Court’s recent decision to overturn the longstanding Chevron deference doctrine will create significant “instability” and “uncertainty” in lower courts. Speaking at the Ninth Circuit judicial conference in Sacramento, California, Kagan observed that the direction and impact of this change are yet to be fully understood.
The Supreme Court ruled 6-3 on June 28 to discard the Chevron deference, a framework that for the past four decades mandated courts to defer to federal agencies’ reasonable interpretations of ambiguous statutes. According to Kagan, this reversal will afford federal judges greater discretion in regulatory challenges, which is already prompting new litigation.
Kagan’s remarks underscore the potential for varied interpretations across different courts, leading to a fragmented legal landscape. Despite the Supreme Court’s decisive ruling, Kagan indicated that Congress retains the authority to enact legislation to address the resultant ambiguities and regulatory gaps.