The end of Chevron Deference

Chevron Deference, also called the Chevron Doctrine, comes from a 1984 Supreme Court case in which the court claimed that when Congress is silent or ambiguous in a law, the executive agency gets to “fill in the blanks.” This has allowed too much of the growth of the Administrative or Deep State. In Loper, the Supreme Court overturned Chevron, but will Loper be any better?

Chevron was a mistake from the beginning. It ignored the law in a misguided attempt to move lawmaking power into the executive branch, thus establishing what we now call the Administrative or Deep State.

Removing that power from the Administrative State can, over time, restore the executive branch to its proper role of executing laws, not establishing policy.

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