The future of the administrative state hangs in the balance. Supreme Court justices will soon decide in a pair of cases whether to reverse a decades-old precedent known as thedeference that would curb federal agencies’ power to regulate everything from Wall Street to the stove in your kitchen. Thisappears poised to scrap or revise a longstanding ruling that relates to how agencies interpret ambiguous statutes, with major implications for regulations that touch many aspects of commerce.
The expected reversal or limiting of Chevron could usher in a wave of litigation as corporations and groups challenge rules that have long been on the books. Marc Wheat, general counsel for Advancing American Freedom, said a reversal of the Chevron deference would be “one of the most important decisions probably in our lifetime.”
“If Chevron did not apply, businesses would see a greater administrative burden by being forced to conduct a duties test for each employee to determine their eligibility for overtime,” CAP claimed.