On June 28, the U.S. Supreme Court overturned a decades-old precedent known as Chevron deference, which favored federal agencies’ rulemaking interpretations. Despite this significant shift, attorneys from Venable suggest that agencies with trade responsibilities may be less impacted. This is due to the special deference courts have traditionally shown in cases involving national security, foreign policy, or the president’s constitutional authority to direct such matters.
These factors suggest that, while Chevron deference may no longer guide judicial review, national security considerations will continue to ensure a level of deference towards federal agencies in specific contexts. Further details on this analysis can be found in the full article.