Consumer watchdog criticizes Dem proposal to legalize SCOTUS decision.

"A better world without Chevron deference," argues the Alliance for Consumers.

Consumer watchdog criticizes Dem proposal to legalize SCOTUS decision.
Consumer watchdog criticizes Dem proposal to legalize SCOTUS decision.

A consumer watchdog agency is urging senators to abandon plans to enshrine a legal doctrine that the Supreme Court invalidated this year.

This summer, the high court ruled in favor of a group of fishermen who challenged a federal agency, arguing that a decades-old legal doctrine granted the administrative state excessive power over their business.

The Chevron doctrine, established in the 1980s, holds that if a federal regulation is challenged, the courts should defer to the agency's interpretation of whether Congress granted it authority to issue the rule, as long as the agency's interpretation is reasonable and Congress has not directly addressed the question.

Congressional Democrats have attempted to pass legislation that would codify Chevron deference, which allows bureaucrats to ban or wipe away products with near impunity and a government bias against consumers. The Alliance for Consumers is urging lawmakers not to "re-empower" bureaucrats in this way, as it would harm consumers and give more power to the government.

A view of the U.S. Supreme Court Building during sunrise on Sept. 5, 2024, in Washington, D.C.
A view of the U.S. Supreme Court Building during sunrise on Sept. 5, 2024, in Washington, D.C. (Photo by Anna Moneymaker/Getty Images)

O.H. Skinner, the Executive Director of the Alliance for Consumers, wrote in a letter on Wednesday that the end of Chevron deference was a significant victory for consumers.

According to Skinner, Chevron deference granted agencies a feeling of invincibility in how they interpreted their authority and the power Congress granted them through statute.

Senators Ron Wyden and Elizabeth Warren have both proposed legislation to reform the federal rulemaking process in order to safeguard consumers, workers, healthcare, and the environment. It is imperative that we pass this bill to ensure that our government prioritizes the interests of people over those of large corporations.

Wyden contended that "the Chevron doctrine recognized that courts should respect the authority of government agencies to create rules and regulations in order to execute laws enacted by Congress," and that "the abolition of Chevron deference weakens the capacity of government agencies to safeguard workers, maintain clean air and water, and shield consumers."

Planet Chronicle Digital did not receive a response from Wyden regarding Skinner's letter.

Senator Ron Wyden
Sen. Ron Wyden (D-OR) speaks during a rally for Paid Leave for All at the U.S. Capitol on July 10, 2024 in Washington, D.C. (Paid Leave for All Action via Getty Images)

In his letter to the Senate Committee on Homeland Security & Governmental Affairs, Skinner contends that the end of Chevron deference has resulted in a better world where Congress's words hold more weight and bureaucrats cannot as easily manipulate statutory ambiguity to expand their authority and alter the options available to consumers.

Democrats on Capitol Hill are pushing legislation to codify Chevron deference.
Democrats on Capitol Hill are pushing legislation to codify Chevron deference. (AP)

"Chevron deference gave the government an advantage in every case against individuals or small businesses challenging federal regulations or requirements. Now, with its end, everyday consumers will have a chance to fight back."

In the Chevron deference era, Skinner noted that while large corporations could still push forward despite facing existential-level regulation, small individuals were at a disadvantage as deference held the most power and sway, and the government had the upper hand.

"That is thankfully no longer true," he said.

Planet Chronicle Digital's request for comment from the Senate committee on Skinner's letter was not responded to.

by Brianna Herlihy

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