Federal agency powers in the crosshairs at the US Supreme Court

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Even as it has ushered in sweeping changes to American law and society - on abortion, gun rights and affirmative action - the U.S. Supreme Court has kept tabs on another issue of keen interest to its conservative majority: keeping federal regulatory power in check.

protected under a landmark anti-pollution law - rulings that limited the role of the U.S. government's executive branch and curtailed its regulatory power.In the upcoming CFPB case, the justices will hear the agency's appeal of a lower court's ruling that its funding mechanism violated a constitutional provision giving Congress the power of the purse.

The court will also weigh a challenge by New Jersey-based fishing companies to a federal regulation requiring commercial fishermen to help fund a program monitoring herring catches off New England's coast. The companies asked the court to overturn its own precedent that calls for judges to defer to federal agency interpretation of U.S. laws, a doctrine called "Chevron deference."

"This is a court that is very interested and comfortable with separation-of-powers cases and is very interested in opining on it," said attorney Sarah Harris, an administrative law expert who has argued cases before the justices.

 

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