Elena Kagan Torches Supreme Court for Overturning Chevron

Justice Elena Kagan torched a Supreme Court ruling that single-handedly eliminated a legal precedent that courts defer to the expert opinions of federal agencies.

The court ruled 6–3 in Loper Bright v. Raimondo on Friday, overruling a landmark 1984 decision in Chevron v. Natural Resources Defense Council and shifting the balance of power toward courts rather than the executive branch when it comes to the interpretation of ambiguous rules.

That would effectively give any court and any judge veto power over all the decisions that any executive agency makes, from the Environmental Protection Agency to the Food and Drug Administration to the Education Department and beyond.

“In one fell swoop, the majority today gives itself exclusive power over every open issue—no matter how expertise-driven or policy-laden—involving the meaning of regulatory law,” Kagan wrote. “The majority turns itself into the country’s administrative czar.”

Kagan continued that the ruling would “produce large-scale disruption,” made a “laughing stock” of stare decisis (a legal principle necessitating the court rely on precedent), and made evident that the court’s supermajority “disdains restraint” and “grasps for power.”

“What actions can be taken to address climate change or other environmental challenges? What will the Nation’s health-care system look like in the coming decades? Or the financial or transportation systems? What rules are going to constrain the development of A.I.?” Kagan wrote. “In every sphere of current or future federal regulation, expect courts from now on to play a commanding role. It is not a role Congress has given to them, in the APA or any other statute. It is a role this Court has now claimed for itself, as well as for other judges.”

“All that backs today’s decision is the majority’s belief that Chevron was wrong—that it gave agencies too much power and courts not enough,” she added. “But shifting views about the worth of regulatory actors and their work do not justify overhauling a cornerstone of administrative law. In that sense too, today’s majority has lost sight of its proper role.”