Supreme Court appears poised to overrule Chevron deference in judicial power grab

  On the morning of January 17, 2024, the U.S. Supreme Court heard oral arguments in a pair of cases that could upend 40 years of administrative jurisprudence, impede the federal government’s ability to effectively serve the American people, and allow the federal judiciary to amass unchecked levels of power. At issue in both Loper Bright v. Raimondo and Relentless v. Department of Commerce is a challenge to a regulation created by the National Marine Fisheries Service, under the Magnuson-Stevens Fishery Conservation and Management Act, requiring commercial fishing vessels to pay for federal monitors who collect data to ensure that fisheries remain sustainable and viable for decades to come. Rather than address the narrow and technical question on this regulation, however, the Supreme Court opted instead to take up the broader and far more existentially threatening question of whether to completely do away with 40-year-old precedent known as Chevron deference.