In a bold move against a recent Supreme Court decision that has curtailed the powers of federal agencies, a group of Democratic senators, spearheaded by Senator Elizabeth Warren, announced Tuesday plans to introduce a bill that would restore a longstanding doctrine known as Chevron deference. This doctrine previously allowed federal agencies the leeway to interpret laws flexibly when the language was ambiguous.
According to NBC News, With this legislation, these senators aim to counteract last month’s Supreme Court ruling that limits federal regulatory authority, significantly impacting environmental and consumer rights protections.
The announcement said the legislation, named the Stop Corporate Capture Act, will seek to return to the norms before the Supreme Court decision, which in a 6-3 vote, effectively ended the practice of Chevron deference.
The 1984 Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. decision had afforded agencies discretion in interpreting statutes governing their actions, assuming Congress had not spoken directly to the point in question.
The coalition supporting the bill includes nine Democratic senators and Senator Bernie Sanders, an Independent from Vermont. A similar measure was earlier introduced in the House by Rep. Pramila Jayapal of Washington, emphasizing the bipartisan nature of the effort within progressive circles.
However, with the current Republican majority in the House, the bill faces significant hurdles, as the opposing party generally supports the Supreme Court's restriction on agency powers.
A Republican-led bill that demands congressional approval for all major federal regulations was passed in the House last year, signaling the wide ideological divide on regulatory authority that exists between the two parties. This bill has yet to make progress in the Senate, which remains under Democratic control.
Senator Warren criticized the Supreme Court’s decision outspokenly, stating that "giant corporations are using far-right, unelected judges to hijack our government and undermine the will of Congress.” She argues that the new bill would usher in greater transparency and efficiency in the rule-making process, and prevent corporate interests from unduly influencing public policy.
The proposed legislation emphasizes enhancing scientific expertise in the rule-making procedure and mandates the disclosure of industry-funded research during public comment periods. Additionally, it seeks to streamline the regulatory process and refine public comment protocol to better reflect diverse viewpoints and reduce corporate bias.
Accompanying the legislative effort, the House Administration Of Clalia committee is concurrently reviewing the broader impacts of the Supreme Court's decisions on legislative processes, set for the same day as the bill's introduction. This hearing highlights the ongoing debate and concern over the separation of powers and the proper scope of executive branch authority.
These actions represent a critical junction in the ongoing discussion about the balance of power among the branches of the U.S. government and the extent to which regulatory agencies can operate independently of stringent legislative oversight.
The legislative move led by Senator Warren and her colleagues is a significant effort to reverse the effects of the Supreme Court's decision on federal regulatory authority.
By attempting to reinstate Chevron's deference, these senators are not only challenging a key judicial ruling but also engaging in a larger battle over the direction of federal regulation concerning environmental safeguards and consumer rights.
The outcome of this legislative push could define the future landscape of federal regulatory power in the United States.