How the Supreme Court Used Fish to Undermine Government Agencies

On June 28, the U.S. Supreme Court reversed a bedrock principle of administrative law called the Chevron doctrine. The vehicle was an opinion for two cases, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. This opinion will have massive ramifications for administrative law, and will affect any area that federal agencies regulate, meaning it has the potential to affect the Federal Communications Commission’s work, including policies ensuring an open internet and broadband affordability. Chevron deference is named for a landmark Supreme Court case from 1984, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. It has been a bedrock principle of administrative law from its inception 40 years ago. Congress delegates certain policy decisions and rulemaking to federal agencies precisely because they have superior expertise and technological knowledge. And where such agency action is a reasonable interpretation of the confines of the policymaking authority Congress granted, judges should defer to the decisions of these experts because judges lack such expertise. Overturning Chevron could hamper the FCC’s ability to regulate in a lot of areas, including ongoing Title II litigation.