January 17, 2024

CORREA, NADLER URGE SCOTUS TO UPHOLD DECADES-LONG ADMIN. LAW PRECEDENT, PROTECT SMALL BUSINESSES

WASHINGTON — Today, the Supreme Court of the United States will hear oral arguments in Loper Enterprises v. Raimondo and Relentless v. Department of Commerce—two pivotal cases that threaten to upend rules that keep Americans safe and healthy and create certainty for businesses across the country by undermining Chevron deference. In response, Representatives Lou Correa (D-CA), the Ranking Member on the House Administrative State, Regulatory Reform, and Antitrust Subcommittee, and Jerrold Nadler (D-NY), the Ranking Member on the House Judiciary Committee, released the following statements:

“If the Supreme Court limits or does away with the Chevron doctrine, businesses across the country will be thrust into uncertainty about the standing of the regulations they have been complying with for decades,” Correa said. “Make no mistake: Doing so would endanger the health and well-being of Americans and undermine the laws Congress entrusted federal agencies to interpret and enforce. Small businesses on Main Street need certainty to survive and keep our communities afloat—and I won’t stop working alongside my colleagues on both sides of the aisle to ensure that job-creating American businesses do not suffer from an erosion of this critical precedent.”

Many critical safeguards that Americans rely on to keep their families safe depend on this precedent, called Chevron deference. Without it, judges, who lack the accountability and expertise of agencies, would be positioned to apply their own personal policy decisions to ambiguous statutes. Under these cases, the Supreme Court can limit or eliminate Chevron deference, jeopardizing environmental, safety, and regulatory certainty for businesses and all Americans.

“Regulations ensure that our air is safe to breathe, our water is safe to drink, our food is safe to eat, and the life-saving medications we depend on are safe and effective,” Nadler said. “Congress sets broad policies in the laws we pass, but we rely on agencies to expertly craft regulations under these statutes. If the Supreme Court strikes down or significantly limits the Chevron doctrine, we must work together to pass legislation that would codify this important precedent, like under the Stop Corporate Capture Act.” 

The cases, Loper Enterprises v. Raimondo and Relentless v. Department of Commerce, challenge decades-old Supreme Court precedent that requires judges to defer to an agency’s interpretation of the law Congress charged them with implementing so long as that interpretation is reasonable. This allows agencies to apply their expertise to craft effective policies under the statutes Congress passes.

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