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Supreme Court Reins in Federal Agencies’ Authority

On June 28, the Supreme Court issued its decision in Loper Bright, curbing federal agencies’ authority. The Court overturned prior precedent to eliminate Chevron deference, or the judicial system’s deference to federal agencies to interpret the statutes they are responsible for enforcing. CDW filed an amicus brief in the case.

The following can be attributed to CDW Chair Kristen Swearingen:

“The Supreme Court has rightly recognized that Chevron deference gave too much authority to federal agencies. Agencies like the National Labor Relations Board have taken advantage of this decision to interpret their statutes in radical, expansive ways never intended by Congress. Chevron also allowed the Board to engage in incessant flip flopping on issues with each change of administration, leading to unmanageable uncertainty for the employer community.

“The Court’s new decision will result in more reasonable policies from the executive branch. The judicial system will finally have the ability and responsibility to rein in overreaching agencies like the NLRB to protect the regulated community.”