Published November 20, 2024
Foundation for American Innovation
Abstract
The Supreme Court’s Loper Bright decision, doing away with Chevron deference, set the stage for a reordering of the relationship between Congress and the Executive Branch. Long opposed by congressional Republicans, the Chevron regime empowered agencies at the expense of Congress and made the business of legislating harder. Its demise is already having positive effects on how Congress approaches legislation consistent with constitutional principles. Insofar as a post-Chevron world requires regulatory gap filling by Congress, existing legislative tools available to committees of jurisdiction and congressional leadership should be able to respond to that need. Further congressional reform would be premature until courts and agencies work out the full effects of Loper Bright.
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Michael A. Fragoso is a fellow at the Ethics and Public Policy Center in the Constitution, the Courts, and the Culture Program, where he writes and speaks on issues relating to the law, the federal judiciary, and Congress. His writing has appeared in The Wall Street Journal, National Review, The Harvard Journal of Law & Public Policy: Per Curiam, and elsewhere.
