Goodbye, Chevron

Last Friday the Supreme Court overturned the doctrine of Chevron deference as part of its ruling in Loper Bright Enterprises v Raimondo. This might not have even been their most discussed ruling of the past week, but in my (non-lawyerly) opinion, there is a good chance it will be their most economically impactful ruling of the past decade. SCOTUSblog explains the basics:

the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretation of ambiguous laws. The decision will likely have far-reaching effects across the country, from environmental regulation to healthcare costs.

By a vote of 6-3, the justices overruled their landmark 1984 decision in Chevron v. Natural Resources Defense Council, which gave rise to the doctrine known as the Chevron doctrine. Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. But in a 35-page ruling by Chief Justice John Roberts, the justices rejected that doctrine, calling it “fundamentally misguided.”

Justice Elena Kagan dissented, in an opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. Kagan predicted that Friday’s ruling “will cause a massive shock to the legal system.”

When the Supreme Court first issued its decision in the Chevron case more than 40 years ago, the decision was not necessarily regarded as a particularly consequential one. But in the years since then, it became one of the most important rulings on federal administrative law, cited by federal courts more than 18,000 times.

The most common reaction I’ve seen is that people expect this to reduce the power of executive branch agencies, both in general and relative to courts and businesses, likely resulting in deregulation. Thus those on the economic left have been mostly decrying the decisions, while freemarketers and businesspeople have mostly been celebrating:

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