- The Supreme Court will hear oral arguments on two cases challenging the deference given to federal agencies’ interpretations of statutes they are charged with enforcing.
- If Chevron is overruled or pared back, federal agencies enforcing labor and employment laws will likely face more challenges to their rules and other interpretive guidance.
- Overruling Chevron may cause agencies to issue fewer new regulations, take more modest positions in the regulations they do issue, or both.
Next week, the U.S. Supreme Court will hear oral arguments in two cases asking whether to overturn Chevron USA, Inc. v. Natural Resources Defense Council. Chevron is a landmark administrative law decision. It requires courts to defer to the legal views of federal agencies—including the agencies that enforce labor and employment laws. In this Insight, we ask how overruling Chevron would affect those agencies and their activities. We conclude that the agencies would likely face more challenges to their rules and regulations. We also conclude that the agencies might publish fewer and more modest regulations going forward.
The exact results will depend on whether the Court overrules Chevron or merely adjusts it. But it seems unlikely that the Court will stick with the status quo. It will almost surely change something. And that change will likely influence labor and employment law.
What is Chevron about?
Decided in 1985, Chevron instructed courts how to handle certain agency interpretations. When...
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