Event Summary

On July 16, AEI and the Brookings Institution hosted a three-panel event examining Chevron deference and the implications of Loper Bright Enterprises v. Raimondo. Former Sen. Patrick Toomey (R-PA) and AEI’s Yuval Levin started the event, discussing the executive abuse of congressionally granted authority under Chevron and highlighting issues such as unilateral trade restrictions justified by national security. Sen. Toomey argued that political incentives favor agencies making choices beyond their intended scope, reducing accountability to the American people. The Chevron doctrine diminishes this accountability, but suggested policies like the REINS Act aim to address this.

The second panel reviewed the origins of Chevron deference and its impact on the balance of power among government branches, especially after Loper. Panelists discussed Congress’s potential to reclaim power, but warned that if Congress fails to act, the judiciary might gain more influence. The discussion covered the necessity of building internal capacity within Congress and acknowledging congressional obligations.

The final panel highlighted concerns about the courts’ deference to agencies on technical issues, which has centralized policymaking within agencies and the White House. Panelists argued for reestablishing legal expertise in interpreting statutes, asserting that courts have the necessary expertise to determine the scope of agency power under the Administrative Procedure Act. They noted the shifting relationship between agencies and the White House as presidents attempt to shape policies.

—Owen O’Brien-Powers

Event Description

Late in June, the Supreme Court discarded Chevron deference in Loper Bright Enterprises v. Raimondo. For four decades, this legal doctrine held that courts ought to defer to agencies’ interpretations of statutory language, as long as such interpretations were reasonable. While Chevron deference meant to clarify the balance of power between agencies and courts, it also tipped the balance of power from Congress and courts to the executive branch.

What does the Court’s holding mean for the balance of power among the branches? Join AEI and the Brookings Institution’s Katzmann Initiative on Improving Interbranch Relations and Government for a discussion.