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Wednesday, January 17, 2024
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U.S.|Conservative Justices Appear Skeptical of Agencies’ Regulatory Power

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CONSERVATIVE JUSTICES APPEAR SKEPTICAL OF AGENCIES’ REGULATORY POWER

The justices considered whether to overrule the seminal 1984 Chevron decision,
which requires judges to defer to agencies’ interpretations of ambiguous
statutes.

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At the center of the cases at the Supreme Court on Wednesday is a key 1984
decision, which if overturned could threaten countless regulations and would
transfer power away from executive agencies.Credit...Kent Nishimura for The New
York Times


By Adam Liptak

Reporting from Washington

Jan. 17, 2024Updated 2:08 p.m. ET

Members of the Supreme Court’s conservative majority seemed inclined on
Wednesday to overturn or limit a key precedent that has empowered executive
agencies and frustrated business groups hostile to government regulation.

Judging from questions in two hard-fought arguments that lasted a total of more
than three and a half hours, the fate of a foundational doctrine of
administrative law called Chevron deference appeared to be in peril.

The doctrine takes its name from a 1984 decision, Chevron v. Natural Resources
Defense Council, one of the most cited cases in American law. Discarding it
could threaten regulations in countless areas, including the environment, health
care, consumer safety, nuclear energy and government benefit programs. It would
also transfer power from agencies to Congress and the courts.

Under Chevron, judges must defer to agencies’ reasonable interpretations of
ambiguous statutes. In close cases, and there are many, the views of the agency
take priority even if courts might have ruled differently.

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Adam Liptak covers the Supreme Court and writes Sidebar, a column on legal
developments. A graduate of Yale Law School, he practiced law for 14 years
before joining The Times in 2002. More about Adam Liptak

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