Supreme Court Deals Biggest Blow in 80 Years to Administrative State

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WASHINGTON, DC – Federal agencies suffered a massive blow to their regulatory power on Friday, when the Supreme Court overruled, a case under which federal courts have deferred for decades to agency interpretations of the laws they enforce., if a court determines that a federal law “is silent or ambiguous with respect to the specific issue at hand, the court must, at’s second step, defer to the agency’s interpretation if it is based on a permissible construction of the statute.

“The Framers also envisioned that the final interpretation of the laws would be the proper and peculiar province of the courts,” the 6-3 opinion continued. “In the foundational decision of, Chief Justice Marshall famously declared that it is emphatically the province and duty of the judicial department to say what the law is.”

“Congress in 1946 enacted the APA as a check upon administrators whose zeal might otherwise have carried them to excesses not contemplated in legislation creating their offices,” the opinion recounted. “It was the culmination of a comprehensive rethinking of the place of administrative agencies in a regime of separate and divided powers.”

 

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