Last Thursday, the presidential debate caused many to bemoan the lack of quality candidates. The next morning, the Supreme Court stripped the executive branch of much of its interpretive power by overturning the Chevron doctrine—rightly restoring much of that power to Congress. Americans unhappy with their presidential options should rejoice.

The Chevron doctrine affords federal agencies significant freedom to interpret statutes and make regulations. In a 6-3 Supreme Court ruling, announced shortly after the legal doctrine’s 40th anniversary, that mistake was rectified—but it also was not unexpected.

Supreme Court Justice Brett Kavanagh had previously observed that Chevron “ushers in shocks to the system every four or eight years when a new administration comes in,” and generates unnecessary confusion and unpredictability. Since January, many experts have expected the Supreme Court to overturn or greatly unwind its landmark 1984 decision, which established a two-part test for determining the level of deference the courts must afford to federal agencies when interpreting statutes.

This simple test was intended to narrowly deal with the specifics of the Clean Air Act’s implementation—not “remake administrative law” or make a “change to existing doctrine on judicial review of agency action.” Instead, federal agencies have butchered Chevron’s intent to push the boundaries of their regulatory missions. Those agencies have won 77 percent of the cases in which the test is applied.

The result has emboldened Congress to over-delegate its legislative responsibility of clear and concise lawmaking to unelected bureaucrats that promulgate thousands of new rules and regulations every year. That’s bad for the rule of law, bad for economic growth, bad for  immigrants and low-income entrepreneurs, and ultimately bad for American consumers who must pay for this indiscretion through higher prices.

Read the full article here.

Nate Scherer is a policy analyst with the American Consumer Institute, a nonprofit education and research organization. For more information about the Institute, visit us at www.TheAmericanConsumer.Org or follow us on X @ConsumerPal. This piece is exclusive to Broadband Breakfast.