Showalter Quoted on Agency Impact to SCOTUS Chevron Doctrine Decision

The Federal Times
Partner J. Michael Showalter was quoted on the potential outcome of the eventual US Supreme Court ruling in Loper Bright Enterprises v. Raimondo that could overturn the Chevron deference doctrine, which allows federal agencies to interpret statutes as they see fit.

Mike said that, until now, the Supreme Court has used a routine statutory analysis to decide whether or not an agency overstepped in their rulemaking.

“‘Why now?’ is is a little bit of a product of who’s on the Supreme Court,” he said. “The conservative legal academy has written about problems with [Chevron deference] for a long time. This is not a new thing. This is just a thing where either they found the right facts, or they realized there’s a whole lot of confusion.”

Though agencies will eventually find stability if Chevron is overturned, Mike said that previous decisions may face scrutiny from interest groups seeking to destabilize them.  In the interim, Mike said that the agencies will likely be looking to keep their policies defensible.

Read the full article here.


Continue Reading