Georgia Gov. Urges Court to Overturn Chevron for ‘Multitude of Reasons’

Georgia Gov. Brian Kemp (R) urged the U.S. Supreme Court to “overturn” Chevron, or at least clarify that statutory silence doesn’t create “an ambiguity triggering Chevron deference,” in an amicus brief Monday (docket 22-451) in support of the petitioners in Loper Bright Enterprises v. Raimondo. The docket shows 46 amicus briefs were filed through Monday since the petitioners filed their opening brief July 17 (see [Ref:2307180033), including 31 briefs filed Monday alone. As Georgia governor, Kemp “knows the damage federal regulations can have when federal agencies extend their regulatory purview through self-serving statutory interpretations,” said his brief. He also knows “the difficulty of enacting statewide, comprehensive policy measures in the face of unpredictable intrusion by federal agencies into areas traditionally reserved for state power,” it said. Chevron should be overturned “for a multitude of reasons,” it said. One reason is Chevron’s “propensity to deny judicial remedy to agency interpretations that upset traditional federalism principles,” said Kemp’s brief. Any action SCOTUS takes on Loper Bright “should be evaluated against the backdrop of the looming questions over the proper extent of federal authority into areas traditionally reserved” to the states, it said. SCOTUS should overrule Chevron “and require Congress to clearly call for agency actions that alter the federal-state balance,” it said: “Requiring a clear statement in all circumstances -- not just the most extreme cases -- brings the fundamental question of what Congress can do to the forefront.”