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Loper Bright Enterprises v. Raimondo

·2024

Whether the Chevron doctrine — which required federal courts to defer to a government agency's reasonable interpretation of an ambiguous statute it administers — should be overruled.

The Decision

6-3 decision · Opinion by John Roberts · 2024

Majority OpinionJohn Robertsconcurring ↓dissent ↓

In a 6–3 decision authored by Chief Justice John Roberts, the Supreme Court overruled the Chevron doctrine. The Court held that federal courts must exercise their own independent judgment when interpreting federal statutes, even when those statutes are ambiguous, and may not simply defer to an agency's interpretation merely because the statute is unclear. This effectively ended the 40-year-old practice of courts stepping aside and letting agencies have the last word on what ambiguous laws mean.

The majority grounded its reasoning primarily in the text and history of the Administrative Procedure Act (APA) of 1946. Section 706 of the APA instructs reviewing courts to 'decide all relevant questions of law' and to 'determine the meaning or applicability of the terms of an agency action.' Chief Justice Roberts wrote that this language reflects the traditional understanding that interpreting statutes is a core judicial function — and that Chevron had improperly required courts to surrender that function whenever a statute was deemed ambiguous. The Court emphasized that the APA was enacted precisely to ensure meaningful judicial review of agency action, not to create a presumption that agencies get to define the scope of their own power.

The majority also invoked broader constitutional principles rooted in the separation of powers. Under Article III, it is the province of the judiciary to say what the law is — a principle stretching back to Marbury v. Madison. Chevron, the Court found, had turned this principle on its head by effectively making agencies the primary interpreters of federal statutes, with courts playing only a secondary, deferential role. The majority argued this arrangement was particularly problematic because it allowed agencies to expand their own authority by adopting broad readings of the statutes they administer.

Importantly, the Court drew a distinction between two different situations. When a statute is genuinely ambiguous and a court must determine its best reading, the court should do so using traditional tools of statutory interpretation — it should not defer to the agency. However, when Congress has expressly delegated authority to an agency to define a specific term or fill in a particular detail, courts should respect that delegation and review the agency's action accordingly, typically under an arbitrary-and-capricious standard. In other words, Congress can still give agencies discretion to make certain policy choices, but the question of whether Congress actually granted that discretion in any given case is one for courts to answer independently.

The Court also addressed concerns about the thousands of prior decisions that had relied on Chevron. It stated that those decisions were not automatically called into question simply because Chevron was overruled. Prior cases that relied on the Chevron framework still carry the force of statutory stare decisis — that is, the specific statutory interpretations adopted in those cases remain the law unless and until they are revisited through the normal legal process.

Concurring Opinions

Justice Clarence Thomas wrote a concurrence arguing that Chevron deference also violated the constitutional separation of powers by concentrating too much interpretive authority in the executive branch. Justice Neil Gorsuch wrote a lengthy concurrence tracing the historical development and practical failures of Chevron, emphasizing how the doctrine had harmed ordinary people and small businesses by tilting the playing field in favor of the government in regulatory disputes.

Dissenting Opinions

Elena Kaganjoined by Sonia Sotomayor, Ketanji Brown Jackson

Justice Kagan argued that the majority was committing a grave error by overruling a foundational doctrine that had served the legal system well for four decades. She contended that Chevron correctly recognized a basic truth about how modern government works: Congress deliberately writes broad statutes and expects expert agencies — not generalist judges — to fill in the details, and the majority's decision would transfer enormous policymaking power from accountable agencies to unelected, life-tenured judges.

  • Chevron reflected a sensible and democratically sound division of labor: agencies bring scientific, technical, and policy expertise to bear on complex regulatory questions that generalist judges are ill-equipped to resolve, and agencies are at least indirectly accountable to the public through the President.
  • Congress routinely uses ambiguous language in statutes not because it is sloppy, but because it intentionally delegates gap-filling authority to agencies, and Chevron properly honored that legislative choice rather than pretending courts can divine a single 'best' meaning from genuinely unclear text.
  • The majority's ruling represents a massive judicial power grab, as courts will now substitute their own policy preferences for those of expert agencies in thousands of regulatory disputes, and the decision will destabilize vast areas of settled law.
  • The doctrine of stare decisis counseled strongly against overruling Chevron, which had been embedded in the fabric of administrative law, relied upon by Congress in drafting legislation, and applied in thousands of cases — and the majority offered no adequate justification for abandoning it.

Background & Facts

Loper Bright Enterprises is a family-owned fishing company based in Cape May, New Jersey, that operates in the Atlantic herring fishery. Under the Magnuson-Stevens Fishery Conservation and Management Act, the National Marine Fisheries Service (NMFS) — an agency within the Department of Commerce — has the authority to require that federal observers ride aboard commercial fishing vessels to monitor catches and collect scientific data. In 2020, NMFS issued a new rule that went further: it required Atlantic herring fishermen not only to carry these federal monitors on board, but also to pay for them out of their own pockets, at a cost of roughly $700 per day — a significant financial burden for small fishing operations.

Loper Bright and several other fishing companies challenged the rule in court, arguing that the Magnuson-Stevens Act did not actually authorize NMFS to force fishermen to fund the observers. They pointed out that Congress had explicitly authorized industry-funded monitoring in certain other fisheries — such as the North Pacific — but had said nothing about requiring herring fishermen in the Atlantic to foot the bill. The government countered that the statute was ambiguous on this point and that the agency's reading was reasonable.

The U.S. Court of Appeals for the D.C. Circuit sided with the government. It applied the longstanding Chevron doctrine — a framework dating back to a 1984 Supreme Court decision — which held that when a federal statute is ambiguous, courts should defer to the administering agency's interpretation as long as it is reasonable. Under that framework, the D.C. Circuit found the statute ambiguous and the agency's interpretation permissible. A companion case, Relentless, Inc. v. Department of Commerce, raised the same legal question and was decided alongside Loper Bright after the First Circuit reached a similar conclusion.

The Supreme Court agreed to hear the case, but it did something unusual: it directed the parties to brief a much bigger question than just whether the fishing rule was lawful. The Court asked whether the Chevron framework itself should be overruled or at least significantly clarified. This signaled that the justices were prepared to reconsider one of the most consequential and frequently invoked doctrines in all of administrative law — one that had shaped the balance of power between federal agencies and the courts for four decades.

The case attracted enormous attention from across the political spectrum. Dozens of amicus briefs were filed by businesses, states, legal scholars, and advocacy groups on both sides. Supporters of overruling Chevron argued it had given unelected bureaucrats too much power to interpret the law, while defenders warned that dismantling it would create legal chaos and strip agencies of the flexibility they need to govern in a complex modern world.

The Arguments

Loper Bright Enterprisespetitioner

Loper Bright argued that the Chevron doctrine was wrong from the start and should be overruled because it forces courts to abandon their core constitutional duty: independently interpreting what federal laws mean. They contended that deferring to an agency's reading of an ambiguous statute hands the power of legal interpretation to the executive branch, in violation of the separation of powers.

  • The Administrative Procedure Act expressly directs courts to 'decide all relevant questions of law' and to 'interpret constitutional and statutory provisions,' leaving no room for judicial deference to agency interpretations.
  • The Constitution vests the judicial power — including the power to say what the law means — in the courts, not in executive agencies, and Chevron deference effectively transferred that power.
  • Chevron had proven unworkable in practice, producing inconsistent results across circuits and allowing agencies to shift their interpretations of the same statute with each change in presidential administration, creating legal instability rather than clarity.
  • The specific NMFS rule at issue demonstrated the dangers of Chevron: the agency exploited statutory silence to impose a costly mandate on small businesses that Congress never authorized.
Gina Raimondo, Secretary of Commercerespondent

The government argued that Chevron deference was a sound and workable doctrine that properly reflected the reality that Congress often leaves gaps and ambiguities in statutes, intending for expert agencies — not generalist judges — to fill in the details. Overruling it would destabilize decades of settled law and flood the courts with challenges to existing regulations.

  • Congress frequently writes broad or ambiguous statutes on purpose, expecting specialized agencies with subject-matter expertise to work out the details through rulemaking and interpretation.
  • Chevron had been a foundational principle of administrative law for 40 years, relied upon in thousands of judicial decisions, and overruling it would create massive legal uncertainty about the validity of existing regulations.
  • Judges are generalists who lack the technical expertise to make the kinds of complex policy judgments embedded in regulatory statutes governing areas like environmental protection, public health, and financial markets.
  • The NMFS rule was a reasonable exercise of the agency's broad statutory authority to manage fisheries and ensure sustainable fishing practices.

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