Wondering what's behind the personal attacks on the Supreme Court justices recently? The justices are about to hear a case that may gut one of the power bases of the Democratic party, the civil service.
"The justices this week agreed to take up a case that asks them to overrule a 39-year-old precedent that gives federal agencies deference in rulemaking that Congress hasn’t clearly authorized.
That decision could have wide-ranging impacts that scale back the executive branch’s authority to implement certain environment, employment, drug and other regulations when the justices decide whether to overrule the court’s 1984 decision in Chevron U.S.A. v. Natural Resources Defense Council, known as the Chevron deference.
It involves a two-part test to determine whether a federal agency’s rule is authorized. First, a court determines whether Congress “has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter.”
It involves a two-part test to determine whether a federal agency’s rule is authorized. First, a court determines whether Congress “has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter.”
If Congress was ambiguous or silent, the court must defer to the agency and uphold its action if it was “based on a permissible construction of the statute.”
“I would think it’s the most significant federal case of this era,” said Mona Dajani, global head of renewables, energy and infrastructure projects at Shearman and Sterling.
“And I would even argue it’s bigger than Dobbs and Bruen. Some people will say Roe, I mean, so that’s how major this is,” she added, referring to the Supreme Court’s landmark decisions on abortion and gun rights.
The test has become a bedrock of administrative law, and judges have cited it in more than 10,000 subsequent decisions, according to research by Columbia Law School professor Thomas Merrill."
https://thehill.com/regulation/court-battles/3986610-chevron-case-supreme-court-could-take-sledgehammer-to-agency-power/
"The justices this week agreed to take up a case that asks them to overrule a 39-year-old precedent that gives federal agencies deference in rulemaking that Congress hasn’t clearly authorized.
That decision could have wide-ranging impacts that scale back the executive branch’s authority to implement certain environment, employment, drug and other regulations when the justices decide whether to overrule the court’s 1984 decision in Chevron U.S.A. v. Natural Resources Defense Council, known as the Chevron deference.
It involves a two-part test to determine whether a federal agency’s rule is authorized. First, a court determines whether Congress “has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter.”
It involves a two-part test to determine whether a federal agency’s rule is authorized. First, a court determines whether Congress “has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter.”
If Congress was ambiguous or silent, the court must defer to the agency and uphold its action if it was “based on a permissible construction of the statute.”
“I would think it’s the most significant federal case of this era,” said Mona Dajani, global head of renewables, energy and infrastructure projects at Shearman and Sterling.
“And I would even argue it’s bigger than Dobbs and Bruen. Some people will say Roe, I mean, so that’s how major this is,” she added, referring to the Supreme Court’s landmark decisions on abortion and gun rights.
The test has become a bedrock of administrative law, and judges have cited it in more than 10,000 subsequent decisions, according to research by Columbia Law School professor Thomas Merrill."
https://thehill.com/regulation/court-battles/3986610-chevron-case-supreme-court-could-take-sledgehammer-to-agency-power/