The United States Supreme Court heard oral arguments in two companion cases, Relentless Inc. v. U.S. Dept. of Commerce and Loper Bright v. Raimondo on Wednesday. The bottom-line question before the court concerned whether Congress authorized the Department of Commerce to charge fishing businesses the cost of government-mandated observers on their rigs.
But answering that question requires the Supreme Court to first decide whether to overturn the landmark case of Chevron v. Natural Resources Defense Council, the namesake for the Chevron doctrine, which requires courts to defer to an agency’s interpretation of an ambiguous statute so long as the agency’s interpretation is “reasonable.” That’s what Wednesday’s arguments were all about — Chevron and whether the Supreme Court should do away with Chevron deference.
Here are your top takeaways from the hours-long arguments.
1. What Does Chevron Deference Mean?
A blackletter law definition of Chevron deference is easy to provide. As noted above, it is a legal principle that requires courts to defer to an agency’s reasonable interpretation of an ambiguous statute. But Wednesday’s hearing showed the contours of the doctrine are far from clear, with the justices jousting with the solicitor general, who represents the Department of Commerce, over the meaning of “ambiguous.”
A statute is “ambiguous,” Solicitor General Elizabeth Prelogar said, “when the court has exhausted the tools of interpretation and hasn’t found a single right answer.” But as Justice Gorsuch noted in response, just the prior year, a government attorney claimed he could not define “ambiguous.”
The meaning of “ambiguous”
