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Overruling of Chevron sets stage for litigation, legislation

Tuesday, July 2, 2024 • 2 PM

Business groups and congressional Republicans are ready to remake the administrative state following the Supreme Court’s 6-3 decision overruling the Chevron doctrine, the 40-year-old precedent that required courts to defer to federal agencies in interpreting ambiguous laws. 

On Capitol Hill, the conservative Republican Study Committee issued a memo ahead of the decision saying that House committees “have an opportunity to review any regulatory action that was justified by Chevron deference toward agency interpretation.”

President Biden’s regulatory agenda “has impacted everything from the economy to America’s energy and agricultural production to Title IX,” the RSC staff memo says. “Each House committee should scour Biden-era regulatory actions and highlight any that should be considered for judicial review post-Chevron. Similarly, House conservatives should seek opportunities to advocate for Congress to repeal or defund such regulations.”

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