As the Supreme Court has become more conservative, the justices have grown less likely to defer to federal agencies under the 1984 precedent in. But lower courts are bound to rely on the precedent because the Supreme Court has never officially renounced it.doctrine in deciding the case the Supreme Court added to its docket Monday: whether the government can force herring fishermen off the coast of New England to fund a program that provides federal monitors for their operations.
The decision “authorizes agencies to force the governed to quarter and pay for their regulatory overseers without clear congressional authorization,” said the companies’ petition. “And it perceives ambiguity in statutory silence, where the logical explanation for the statutory silence is that Congress did not intend to grant the agency such a dangerous and uncabined authority.
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