Republican Lawmakers Call On SCOTUS to ‘Rein In’ the Administrative State...

Tristan Justice at the Federalist

Dozens of congressional GOP lawmakers led by House Speaker Kevin McCarthy, R-Calif., are calling on the Supreme Court to curtail the administrative state’s power through a rollback of the 1984 Chevron decision.

On Monday, McCarthy filed an amicus brief by the House general counsel on behalf of the lower chamber supporting a legal challenge to the nearly 40-year precedent that gives federal agencies wide latitude to interpret congressional statutes.

“As part of our Commitment to America, House Republicans pledged to hold Washington accountable,” McCarthy said in a statement. “The Chevron framework makes it easier for unelected bureaucrats to weaponize federal regulations against the American people. The Court should rein in the power of unelected bureaucrats and restore the separation of powers.”

In May, the Supreme Court granted certiorari in Loper Bright Enterprises v. Raimondo, setting the stage for a landmark decision that could narrow the scope of bureaucratic agencies to unilaterally impose burdensome rules and regulations. The conservative majority on the court led by Chief Justice John Roberts already signaled its willingness to “rein in” the administrative state last summer with its decision in EPA v. West Virginia. In that case, justices struck down the Obama administration’s Clean Power Plan, ruling the Constitution did not allow federal agencies to circumvent Congress by implementing broad regulations to wide effect.

In 1984, the Supreme Court established “Chevron deference” in Chevron v. Natural Resources Defense Council,…