The justices agreed to hear an appeal that takes aim at a 1984 case known as Chevron.
It involves the Chevron oil company and says that when laws aren’t crystal clear, federal agencies should be allowed to fill in the details. That’s what agencies do — on environmental regulations, workplace standards, consumer protections and immigration law.
At least four conservative members of the court — Justice Clarence Thomas, Justice Samuel Alito, Justice Neil Gorsuch and Justice Brett Kavanaugh — have questioned the doctrine. Gorsuch, as an appeals court judge, noted that court decisions “permit executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers’ design.
It takes four of the court’s nine members to agree to hear a case, but the court as is its custom did not reveal the vote breakdown. One wrinkle in the current case is that only eight justices will participate. Justice Ketanji Brown Jackson is not taking part, presumably because she was on a panel of appellate judges that heard arguments in the case when it was at the U.S. Court of Appeals for the District of Columbia Circuit.
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