The Chevron doctrine was an idea invented by the Supreme Court 40 years ago that, whatever the reasoning and intention, effectively gave executive agencies the power to make law.
The Supreme Court in Loper Bright v. Raimondo last week struck down the Chevron doctrine. What this means for our republic is now up to Congress.
Under the Chevron precedent, if there was any ambiguity in the laws created by Congress, bureaucrats could interpret the laws how they want and write the regulations that they want. If someone was harmed by a regulation and sued, saying a federal agency had overstepped its bounds and was usurping power Congress hadn’t granted it, Chevron told all federal courts to defer to the agency.
In effect, Chevron allowed the executive branch agencies to make laws, even though the Constitution says only Congress should make laws.
But that doesn’t mean Congress will make…
