July 01, 2024
Round-up: Supreme Courts Overturns Chevron Deference; Curtailing Administrative Regulation
In a landmark 6-3 decision, the U.S. Supreme Court on Friday overturns the court's 40-year-old "Chevron deference" doctrine, limiting the executive branch's ability to interpret laws passed by Congress and giving the judiciary more say in what federal agencies can do. The decision could make it harder for executive agencies to tackle a wide array of policy areas, including higher education, environmental and health regulations and labor and employment laws.
Under Chevron deference, if language in a federal law is not ambiguous, then a court follows the plain language of the statute. However, if a law contains uncertain wording or doesn’t address a specific or technical issue, then the federal courts have given executive agencies wide latitude to interpret the law in question.
Specifically, Chevron deference applied when agencies followed formal procedures to issue regulations or make adjudications that interpreted federal statutes. More informal actions from agencies in interpreting federal laws, such as in the form of Dear Colleague letters, could be important to courts in deciding if an agency had acted correctly but did not receive Chevron-level deference.
The ending of Chevron deference means that higher education now faces a regulatory world where federal courts suddenly have much more authority to determine what federal agencies are allowed to do under federal statutes. Colleges and universities may now have an easier time challenging federal regulations they find overly burdensome or unfair.
For more on the decision, here is a sampling of media reporting:
The Supreme Court Just Weakened Federal Agencies. Here’s What It Means for Higher Ed.
The Chronicle of Higher Education (June 28, 2024)
SCOTUS Overturns Chevron Doctrine, Limiting Federal Agency Reach
Higher Ed Dive (July 1, 2024)
Supreme Court Pares Back Federal Regulatory Power
The Wall Street Journal (June 28, 2024)
Supreme Court Curbs Federal Agency Power, Overturning Chevron Precedent
The Washington Post (June 28, 2024)
Justices Limit Power of Federal Agencies, Imperiling an Array of Regulations
The New York Times (June 28, 2024)
The Supreme Court Weakens Federal Regulators, Overturning Decades-Old Chevron Decision
The Associated Press (June 28, 2024)
The Justices Just Shackled Biden and Every Future President — And Created New Messes for Congress to Solve
Politico.com (June 28, 2024)
Supreme Court Guts Agency Power in Seismic Chevron Ruling
Axios.com (June 28, 2024)
The End of Chevron Deference – Commentary
Inside Higher Ed (July 1, 2024)
The Justices Toss Yet Another Precedent, Delighting Conservatives - Commentary
The Washington Post (June 28, 2024)
Under Chevron deference, if language in a federal law is not ambiguous, then a court follows the plain language of the statute. However, if a law contains uncertain wording or doesn’t address a specific or technical issue, then the federal courts have given executive agencies wide latitude to interpret the law in question.
Specifically, Chevron deference applied when agencies followed formal procedures to issue regulations or make adjudications that interpreted federal statutes. More informal actions from agencies in interpreting federal laws, such as in the form of Dear Colleague letters, could be important to courts in deciding if an agency had acted correctly but did not receive Chevron-level deference.
The ending of Chevron deference means that higher education now faces a regulatory world where federal courts suddenly have much more authority to determine what federal agencies are allowed to do under federal statutes. Colleges and universities may now have an easier time challenging federal regulations they find overly burdensome or unfair.
For more on the decision, here is a sampling of media reporting:
The Supreme Court Just Weakened Federal Agencies. Here’s What It Means for Higher Ed.
The Chronicle of Higher Education (June 28, 2024)
SCOTUS Overturns Chevron Doctrine, Limiting Federal Agency Reach
Higher Ed Dive (July 1, 2024)
Supreme Court Pares Back Federal Regulatory Power
The Wall Street Journal (June 28, 2024)
Supreme Court Curbs Federal Agency Power, Overturning Chevron Precedent
The Washington Post (June 28, 2024)
Justices Limit Power of Federal Agencies, Imperiling an Array of Regulations
The New York Times (June 28, 2024)
The Supreme Court Weakens Federal Regulators, Overturning Decades-Old Chevron Decision
The Associated Press (June 28, 2024)
The Justices Just Shackled Biden and Every Future President — And Created New Messes for Congress to Solve
Politico.com (June 28, 2024)
Supreme Court Guts Agency Power in Seismic Chevron Ruling
Axios.com (June 28, 2024)
The End of Chevron Deference – Commentary
Inside Higher Ed (July 1, 2024)
The Justices Toss Yet Another Precedent, Delighting Conservatives - Commentary
The Washington Post (June 28, 2024)