Supreme Court to Hear Case That Could Limit Power of Federal Government – The New York Times

Justice Ketanji Brown Jackson is recused from the first case because she had participated in it as a federal appeals court judge. The Supreme Court agreed to hear the second case in October, five months after it agreed to hear the one from New Jersey.

If the Supreme Court is to overturn a major precedent, the justices apparently calculated, it would be better for the decision to come from a nine-member court.

The cases are in one respect curious, as the Biden administration explained in a brief defending Chevron. In practice, the 2020 rule s monitoring provisions have had no financial impact on regulated vessels, the brief said, adding that the program was suspended last year and the agency reimbursed the monitoring costs that had been incurred under it.

Mr. Bright s company is represented by Cause of Action Institute, which says its mission is to limit the power of the administrative state. The plaintiffs in the Rhode Island case are represented by the New Civil Liberties Alliance, which says it aims to protect constitutional freedoms from violations from the administrative state. Both groups have financial ties to the network of foundations and advocacy organization funded by Charles Koch, a billionaire who has long supported conservative and libertarian causes.

In their briefs, the two groups pointed out that Chevron has fallen out of favor at the Supreme Court in recent years, and several justices have criticized it.

Justice Clarence Thomas, in a concurring opinion in 2015, wrote that Chevron wrests from courts the ultimate interpretive authority to say what the law is, and hands it over to the executive.

Justice Neil M. Gorsuch echoed the point in a 2022 dissent. Rather than say what the law is, he wrote, we tell those who come before us to go ask a bureaucrat.

The Supreme Court, which had invoked Chevron at least 70 times to decide cases, has not done so since 2016.

via www.nytimes.com

NY Times, simping for the Admin State, as usual. Some of us hated Chevron from the day we found out about it.