July 26, 2023 — House Speaker Kevin McCarthy’s chamber is urging the Supreme Court to reconsider the level of deference courts give federal agencies, saying that allowing them too much leeway conflicts with the separation of powers and upends congressional authority over lawmaking.
The House filed its brief in a case that stems from a dispute between herring fishers and the National Marine Fisheries Service, which wants to charge vessels as much as $700 a day to monitor what they are catching.
Fishing industry advocates say that while the law passed by Congress allows for the monitors, the agency is making up its own rules by insisting the boats pay the charges.
The high court agreed to hear the dispute in May, but has not scheduled oral arguments for the legal battle during its 2023 term, which begins in October.
The justices will decide whether to overrule Chevron v. Natural Resources Defense Council, 1984 precedent that gave federal agencies deference when interpreting how to implement legislation passed by Congress when lawmakers were silent with respect to certain aspects of enforcement.