four days later Supreme Court rules In Loper Bright Enterprises v. Raimondo, the judges announced that they would Nine cases returned according to a lower court ruling.
The batch of cases could be the first sign of possible legal upheaval in the U.S. judiciary now that one of the most widely cited Supreme Court opinions has been overturned.
“Today’s majority decision will have a dramatic impact on the legal system,” Justice Elena Kagan wrote in her dissent.
By overturning the 1984 Chevron v. Natural Resources Defense Council decision, which allowed judges to follow the federal agency’s interpretation of a statute when the language was unclear, the court reduced the power of regulators and empowered the judiciary .
It also calls into question the fate of more than 19,000 past federal cases that cited the precedent.
Chief Justice John Roberts’ majority opinion seemed to foresee this outcome.
“Judgments in those cases in which a particular agency acted lawfully — including Chevron’s own decisions under the Clean Air Act — remain subject to statutory stare decisis,” he wrote, referring to the legal doctrine of compliance with judicial precedent. .
But Kari Koglinis, a Penn law professor and director of Penn State’s regulatory program, said Roberts’ rule may not be enough to prevent the “legal earthquake” caused by the court’s ruling.
Coglinis explained that the Supreme Court protects agencies’ past actions but rarely mentions agencies’ past interpretations of the law, leaving the door open for challenges to previous cases.
“Based on some readings of what the courts have done, opportunities to reopen (previously closed cases) still exist and you can expect people to try to take advantage of those opportunities,” he said.
seize the moment
In both cases sent back to lower courts for rehearing under the Loper ruling, the plaintiffs used the same attorney: the Pacific Legal Foundation (PLF).
PLF calls for end of respect for Chevron, according to its website Statement of Friends The company filed suit in the Loper case — representing at least five different plaintiffs whose cases would benefit from Chevron’s reversal.
The public interest law firm is one of several conservative, anti-regulatory groups that have been preparing for the Supreme Court to overturn the Chevron case, according to Accountable.US, a nonpartisan research group focused on special interests.
new report The group noted that four groups, including the PLF, are planning legal challenges and lobbying now that the precedent has been overturned. The others are the Balancing Act Project, which says on its website it will work to define a “new regulatory environment” in a post-Chevron world; and the Competitive Enterprise Institute, an anti-regulatory nonprofit challenging the EPA’s authority ; and the Charles Koch-backed Americans for Prosperity Network, whose lawyers represent the plaintiffs in the Loper case.
Accountable.US President Caroline Ciccone said: “Not only has the conservative legal movement long been pushing for Chevron’s downfall, but key groups actually filed challenges ahead of the ruling in order to immediately benefit from the new regulatory environment they created. ” told CNBC.
“They waste no time ensuring that corporations and special interests reap the rewards of this power grab at the expense of ordinary Americans,” she said.
All four groups publicly celebrated the Supreme Court’s decision to overturn Chevron, which conservatives viewed as a legitimate limit on the authority of unelected bureaucrats.
Just three days later, conservatives again praised the court when it issued its ruling in The Post v. Board of Governors of the Federal Reserve System. The court’s 6-3 ruling in the Cape Post case significantly expanded the right of individuals to sue regulators, another blow to federal agencies.
Coglinis said the rulings together send a clear message from the Supreme Court: “The court’s doors are open to hear complaints about agency power.”
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