Supreme Court Overturning 40-Year-Old Chevron Ruling Is Victory for Trump's Deregulatory Agenda

WASHINGTON Former President Donald Trump has been out of office for more than three years, but he just scored a big victory at the Supreme Court.

Friday's decision overturning a landmark 1984 decision called Chevron v. Natural Resources Defense Council was a late victory for Trump's deregulatory agenda, with his three Supreme Court appointees joining the 6-3 conservative majority.

This decision is the culmination of a decades-long campaign, funded by billionaires, to capture and use the unelected power of the Supreme Court as a weapon to deliver enormous profits to corporate interests at the expense of Americans ordinary, said Alex Aronson, a former Democratic congressional staffer who is executive director of Court Accountability, a judicial watchdog group.

Under the Trump administration, the Republican-led Senate, which is responsible for confirming the president's judicial nominations, has become a conveyor belt for ideological and corporate judges, he added.

Business groups welcomed the move, with the National Federation of Independent Business saying Friday it would level the playing field in court cases between small businesses and administrative agencies.

Overturning Chevron's decision, which business interests have long frowned upon, has long been a goal of conservative advocates, who say it gives too much power to bureaucrats.

The original ruling said courts should defer to federal agencies to interpret ambiguous laws, but in Friday's ruling, Chief Justice John Roberts said that approach was fundamentally flawed.

Perhaps more fundamentally, Chevron's presumption is flawed because agencies have no special jurisdiction to resolve statutory ambiguities. The courts do that, he added.

Don McGahn, Trump's White House counsel, memorably told a conservative policy conference in 2018 that the president's judicial picks and the attempt to roll back regulations were actually two sides of the same coin.

He cited Justice Neil Gorsuch, who had just been nominated at the time, as an example of what the administration was looking for in nominees. One of the reasons Gorsuch appealed to McGahn and others who had a say in his nomination in 2017 was because he wrote a scathing opinion suggesting that Chevron should be ousted.

Gorsuch duly signed Roberts' majority opinion on Friday, as did his fellow Trump appointees Brett Kavanaugh and Amy Coney Barrett.

McGahn, who has returned to private practice at the law firm Jones Day, did not respond to a request for comment on Friday's decision. Trump's campaign also did not respond.

On another deregulatory issue, the Supreme Court in the coming days could rule on a petition filed by McGahn and his colleagues at Jones Day that seeks to strip away the power of the Occupational Safety Administration. and Health Administration) to establish workplace safety rules.

Sean Donahue, a lawyer who often represents environmental groups, said Chevron's overturn has become a kind of litmus test for the right in selecting judges, alongside hostility toward the Roe ruling. v. Wade on the right to abortion, which the Supreme Court overturned two years ago.

One criticism of the latest decision, echoed by liberal Justice Elena Kagan in her dissenting opinion, is that the court is appropriating power from federal agencies.

A rule of judicial humility gives way to a rule of judicial pride. In recent years, this court has too often appropriated decision-making authority that Congress granted to agencies, Kagan wrote.

Democratic members of Congress also weighed in, with Sen. Richard Blumenthal, Democrat of Connecticut, describing the decision as prioritizing corporate greed over the health, safety and welfare of the American people.

The decision came a day after the court, in another 6-3 decision on ideological grounds, weakened the power of the Securities and Exchange Commission, prompting an equally vigorous dissent from liberal Justice Sonia Sotomayor.

The fear among those on the left is that the Chevron ruling will prevent agencies from tackling major problems like climate change because judges will constantly question their expertise.

It remains to be seen whether the ruling will have such a broad impact, with some commentators saying that in most cases, judges will still pay close attention to what the agency's experts say.

Thomas Berry, a researcher at the libertarian Cato Institute, said the decision rightly ended a doctrine that gave too much power to agencies to judge the extent of their own power.

Contrary to the dissent's view, overturning Chevron will not give the justices new power to decide policy issues, he added.

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