The U.S. Supreme Court on May 1, 2023, agreed to hear Loper Bright Enterprises v. Raimondo—a case that could curb or clarify future applications of Chevron deference by the federal courts.
Chevron deference is an administrative law principle that compels federal courts to defer to a federal agency’s reasonable interpretation of an ambiguous or unclear statute that Congress delegated to the agency to administer. In other words, when Congress passes a law that is unclear or silent on an issue, the agency administering the law may interpret the statute and issue rules to fill in the details. If a court deems the agency’s interpretation reasonable, it will exercise Chevron deference to accept the agency’s position rather than replace the agency’s view with its own.
While supporters of Chevron deference broadly argue that the doctrine leverages agency expertise, opponents contend that it prevents judges from exercising their constitutional duty to independently interpret the law.
