Chevron deference in the rear view mirror

The US Supreme Court on October 13 granted certiorari in a second case that will consider overruling Chevron v. Natural Resources Defense Council.  Relentless v. Department of Commerce [Briefs].

Chevron has required courts to defer to federal agencies' interpretation of statutory provisions that are "ambiguous," as long as that interpretation is reasonable. Some Justices have expressed that Chevron is probably wrong, essentially because it is the courts – under Article III of the constitution – that have the power and duty to interpret federal statutes.

It's important to note that the Court previously granted cert in Loper Bright Enterprises v. Raimondo [Briefs], which also challenges the legitimacy of Chevron. Justice Jackson is recused from the Loper case but not from the Relentless case. Therefore, the full Court will be able to weigh in.

The Court ordered fast-tracking of the Relentless case so it can be argued in tandem with the Loper case during the Court's January 2024 argument session.

I think the Court will either overrule Chevron, or sharply limit its reach. We shall see.