On June 28, 2024, the Supreme Court issued its decision for two consolidated cases, Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce, brought by commercial fishing groups challenging a National Marine Fisheries Service rule. In the decision, the Court overturned the 40-year-old Chevron doctrine, which stood for the principle that where Congress has left ambiguities in a federal statute, agencies may interpret the statute in implementing rules, as long as the agency’s interpretation is reasonable.
In overturning the Chevron doctrine, the Court overrules a four-decade precedent, which, in the context of recent decisions by the Court confirms its intent to limit federal agencies’ authority to address public health, safety, financial, and environmental protections.
The majority’s opinion, written by Chief Justice Roberts, overturns the Chevron doctrine and directs courts to review agency actions under the Administrative Procedure Act to ensure that an agency has acted within its statutory authority while respecting agency expertise consistent with Skidmore v. Swift & Co. The dissent, authored by Justice Kagan, calls the decision “Hubris Squared” for the Court’s willingness to overturn Chevron and, in doing so, dismiss stare decisis, inserting the judiciary in the “commanding role” with respect to regulation.
This analysis provides an overview of the majority decision and dissent.