In a massive legal shift, two recent Supreme Court rulings have left a lasting impact on the regulatory landscape of the United States — and its role in creating pathways to access and equity. The decisions in Loper Bright Enterprises v. Raimondo and Corner Post, Inc. v. Board of Governors of the Federal Reserve System mark a significant departure from long-standing judicial norms known as The Chevron Deference, a doctrine that for decades guided courts to defer to federal agencies’ interpretations of ambiguous statutes in the absence of clear Congressional intent.
Not only did the Chevron deference guide the interplay between branches of government, it also offered a degree of stability and expertise in navigating complex regulatory issues by putting the responsibility of interpretation and implementation into the hands of career experts in the regulatory space. Now overturned, this doctrine’s demise signals a shift toward greater judicial branch policy interpretation and more scrutiny over agency decisions.
This change will empower industries and anti-regulatory interest groups to fight regulations more aggressively, potentially hampering efforts to enforce key policy efforts and reforms advocated for by the JustUS Coordinating Council (JCC).
As evidenced in its two recent reports, the JCC recognizes and continues to uplift the critical role of policy experts in the regulatory space as we continue to pursue solutions to systemic inequities. With these decisions, the Supreme Court has put regulatory power back into the legislative and judicial arenas, raising questions about the future of federal agency authority and the ability of future presidents to implement and enforce regulatory measures effectively.
As the legal landscape evolves, stakeholders and advocates across sectors are gearing up for a new era of regulatory battles in the courts. The role of the JustUS Coordinating Council is more important than ever — our experience is our expertise.
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