Supreme Court overturns Chevron, paves way for a ‘legal earthquake’

Four days after the Supreme Court ruled in the case of Loper Bright Enterprises vs. Raimondo, overturning the 40-year-old precedent known as the Chevron deference, the justices announced they would be sending nine cases back to lower courts in light of their ruling.

This batch of cases may be the first indication of the legal upheaval that could play out across the United States judiciary now that one of the most widely cited Supreme Court opinions has been reversed.

“The majority’s decision today will cause a massive shock to the legal system,” Justice Elena Kagan wrote in her dissenting opinion.

By reversing its 1984 ruling in the case of Chevron v. Natural Resources Defense Council — which let judges defer to federal agencies’ interpretation of statutes when language was unclear — the court slashed the authority of regulators and empowered the judiciary.

It also called into question the fate of the more than 19,000 past federal cases which cite the precedent.

In his majority opinion, Chief Justice John Roberts appeared to anticipate this consequence, writing that “the holdings of those cases that specific agency actions are lawful.”

But Roberts’ stipulation may not be enough to stop the “legal earthquake” that the court created with its ruling, according to Cary Coglianese, a law professor at the University of Pennsylvania and director of the Penn Program on Regulation.

The Supreme Court protected agencies’ past actions, Coglianese explained, but it said little about the agencies’ past interpretations of laws, leaving the door cracked open for prior cases to be challenged. 

“On some reading of what the court has done, those opportunities to reopen [previously closed cases] are still there,” he said, “and you can expect that people will try to exploit those.”

According to its website, the PLF — which called for the end of Chevron in an amicus brief it filed in the Loper case — represents at least five different plaintiffs whose cases stand to benefit from Chevron’s reversal. 

The public interest law firm is one of several conservative, anti-regulation groups that have been preparing for the Supreme Court’s reversal of Chevron, according to Accountable.US, a nonpartisan research organization focused on special interests.

A new report from the group identifies four organizations planning legal challenges and lobbying efforts now that the precedent has been overturned.

The Balancing Act Project says on its website that it will work to define “a new regulatory environment” in the post-Chevron world; the Competitive Enterprise Institute is an anti-regulation non-profit challenging the Environmental Protection…