Showalter Quoted on SCOTUS Decision Overturn the 40-Year-Old Chevron Doctrine

Partner J. Michael Showalter was quoted on the US Supreme Court ruling that overturned the so-called Chevron deference, a 40-year-old doctrine giving federal agencies deference in interpreting laws.

The 6-3 ruling transfers that power largely to the court system and its judges, though counsel from external experts would still be available.

Mike said, “The court assumes they can get technical expertise to some degree from agencies, and also from amicus briefs. But it’s pretty tough for me to see how that works in practice.”

He added that the majority opinion assumed Congress will enact “more and better written statutes,” resulting in less ambiguous laws needing court intervention, particularly with environmental regulations. But there’s no guarantee that will happen, especially in an ultra-partisan political climate.

“Congress just hasn’t done a very good job of modernizing those laws,” Mike said.

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