Loper Bright v. Raimondo

SLF calls on Supreme Court to rein in federal agencies

About the Case

Southeastern Legal Foundation (SLF), Job Creators Network, Texas Public Policy Foundation, and the Defense of Freedom Institute filed an amicus brief supporting a group of Herring fisherman who are fighting to protect their family businesses from federal regulators who seek to force them to pay for “observers” on their boat to watch for fishing violations. SLF and its partners urged the United States Supreme Court to rule in favor of the fishermen in this case.

This case began when the National Marine Fisheries Service (NMFS), the federal agency in charge of monitoring the fishermen, ran out of money to pay for its own observers. Its solution was simple: make a rule demanding the fisherman pay for it. Even though no statute specifically authorized this action, the lower courts ruled that they must defer to NMFS’s interpretation of its own powers. In this case, SLF has asked the Supreme Court to finally reject the principle that agencies are entitled to deference when assessing the scope of its powers. This case was brought by the Cause of Action Institute.

Case Status

Amicus Brief

Court

United States Supreme Court

Why This Matters

Separation of powers is critical to fulfilling the Constitution’s promise. Without it, all our freedoms are empty promises. For decades, courts have allowed the executive branch to encroach into the territory of the other branches. Courts have shied away from stopping this abuse, under the guise of judicial deference.

As agencies become more and more aggressive in their determination to remake the country against the will of the American people, both Congress and the courts must reinstate the proper constitutional balance. What NMFS has done here is not new. Unfortunately, this persistent threat to our system of governance is all too normal. Until courts enforce separation of powers, it will not change. Americans cannot count on the lines of government being neatly divided as the Founders intended. Taking away judicial deference to agency power is a crucial first step to restoring constitutional balance.

Agencies must not treat their rulemaking authority as an excuse to accrue power that Congress has not and, in many cases, could not delegate to them. When they do, courts certainly shouldn’t bow in deference. The Supreme Court should take this opportunity to bring balance back to our system of divided government.

In the News

45 amicus briefs filed with SCOTUS in support of petitioners seeking to overrule Chevron (JD Supra)

Supreme Court case Loper Bright Enterprises v. Raimondo could disarm federal agencies (Washington Times)

Why This Matters

Separation of powers is critical to fulfilling the Constitution’s promise. Without it, all our freedoms are empty promises. For decades, courts have allowed the executive branch to encroach into the territory of the other branches. Courts have shied away from stopping this abuse, under the guise of judicial deference.

As agencies become more and more aggressive in their determination to remake the country against the will of the American people, both Congress and the courts must reinstate the proper constitutional balance. What NMFS has done here is not new. Unfortunately, this persistent threat to our system of governance is all too normal. Until courts enforce separation of powers, it will not change. Americans cannot count on the lines of government being neatly divided as the Founders intended. Taking away judicial deference to agency power is a crucial first step to restoring constitutional balance.

Agencies must not treat their rulemaking authority as an excuse to accrue power that Congress has not and, in many cases, could not delegate to them. When they do, courts certainly shouldn’t bow in deference. The Supreme Court should take this opportunity to bring balance back to our system of divided government.