Biden Administration Writes Health Regulations Anticipating No Chevron Deference
What is Chevron Deference?
Background on the Doctrine
Chevron deference is a doctrine of judicial deference to administrative actions. In Chevron, the Supreme Court set forth a legal test as follows: If Congress has not explicitly addressed the issue at hand, a court will defer to an agency's reasonable interpretation of a statute if it is based on a permissible construction of the statute.
Recent Supreme Court Ruling
In a 6-3 vote, the Supreme Court overturned Chevron deference in a case involving herring fishermen. The Court ruled that the National Marine Fisheries Service's interpretation of a federal law was not reasonable and therefore could not be upheld under Chevron deference.
Implications for Future Regulations
The Biden administration has taken note of the Supreme Court's ruling and is writing health regulations in anticipation of a world without Chevron deference. This means that the administration will need to be more explicit in its regulations and provide more justification for its interpretations of the law.
Conclusion
The Supreme Court's ruling on Chevron deference is a significant development that could have far-reaching implications for the Biden administration's ability to regulate. The administration will need to carefully consider how it writes regulations in the future in order to ensure that they are upheld by the courts.
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