Advancing American Freedom on Supreme Court Overturning Chevron Deference

Advancing American Freedom issued the following statement after the Supreme Court overturned Chevron, checking the power of the administrative state.

“Today, the Supreme Court rightly overturned the four-decade old Chevron Doctrine, reasserting the fundamental role of the federal judiciary to ‘say what the law is’ rather than deferring to the often expansive and ridiculous interpretations of self-interested, unelected bureaucrats in the administrative state,” said AAF General Counsel J. Marc Wheat. “With 17 amicus briefs on the issue in appellate courts and the Supreme Court, seeing Chevron overturned has been one of our chief goals because of the damage it does to our constitutional system. The Constitution created three branches of government and balanced the powers among them because the Founders understood that the unification of the powers of government was one of the central threats to liberty. Chevron has allowed the courts to turn a blind eye to unelected bureaucrats of the administrative state contriving regulations that have the force of legislation, can enforce those regulations against Americans like the executive, and can do so before their own kangaroo court administrative law judges rather than before the courts established through the Constitution and the constitutional process. Chevron made matters worse because it required courts to defer to the administrative state’s interpretation of law, removing yet another check on the administrative state. The Court’s decision today was an essential repair of Constitutional order. AAF will continue to engage in legal advocacy that returns power to the constitutional branches of government that were established nearly a quarter of a millennium ago to protect freedom against government overreach.”

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