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Fishermen Land Major Supreme Court Victory Overruling Chevron Doctrine

June 28, 2024 — Today, attorneys for a group of New Jersey herring fishermen landed a significant victory at the Supreme Court.  With its ruling in Loper Bright v. Raimondo, the Court has overruled the Chevron doctrine and restored the balance of power between Congress and the Administration. The Loper Bright decision was issued alongside Relentless v Department of Commerce.

The fishermen in the Loper Bright case face an unlawful requirement imposed on them by an executive branch agency that could force them to surrender 20 percent of their earnings to pay at-sea monitors. Because that fee resulted from unlawful overreach and threatened their ability to make a living, the fishermen decided to challenge the requirement in court four years ago. After a split decision in the D.C. Circuit, the Supreme Court decided to review the Chevron doctrine, which is the legal theory the government cited to justify its controversial monitoring rule. For 40 years, Chevron has required federal courts to abdicate their constitutional role to interpret the law by deferring to agency interpretations of statutes whenever those same agencies deem the law “silent” or “ambiguous.” In practice, such deference permitted agencies to engage in egregious overreach, often at the expense of ordinary citizens.

James Valvo, Executive Director of Cause of Action Institute. “We’re gratified that the Court recognized Chevron’s perverse consequences and ruled in favor of our clients and all citizens whose livelihoods are threatened by an unaccountable bureaucracy. We look forward to any further steps that will be needed to ensure the unlawful industry-funded monitoring regime imposed on herring fishermen is finally taken off the books.”

Read the full article at LoperBrightCase.com

Supreme Court delivers blow to power of federal agencies, overturning 40-year-old precedent

June 28, 2024 — The Supreme Court on Friday overturned a 40-year-old precedent that has been a target of the right because it is seen as bolstering the power of “deep state” bureaucrats.

In a ruling involving a challenge to a fisheries regulation, the court consigned to history a 1984 ruling called Chevron v. Natural Resources Defense Council. That decision had said judges should defer to federal agencies in interpreting the law when the language of a statute is ambiguous, thereby giving regulatory flexibility to bureaucrats.

It is the latest in a series of rulings in which the conservative justices have taken aim at the power of federal agencies, including one on Thursday involving in-house Securities and Exchange Commission adjudications. The ruling was 6-3, with the conservative justices in the majority and liberal justices dissenting.

“Chevron is overruled,” Chief Justice John Roberts wrote in the majority opinion. “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”

He said that the ruling does not cast into doubt prior cases that relied on the precedent, but going forward lower courts “may not defer to an agency interpretation of the law simply because a statute is ambiguous.”

Read the full article at NBC News

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