Thanks to a conservative Supreme Court, Congress may do something it hasn’t done in living memory: dramatically increase the size of the legislative branch.
A handful of recent decisions — most notably Loper Bright Enterprises v. Raimondo, which ended the Chevron doctrine of judges deferring to federal agencies’ interpretations of ambiguous statutes — have set the stage for a tsunami of litigation challenging regulations and administrative rulings in the coming years.
That has Congress — plus industry insiders, consumer advocates, environmental groups, unions and a host of other special interests — now considering how to respond. Some liberals want to see Congress resurrect Chevron deference legislatively, as a bill introduced last week by Massachusetts Sen. Elizabeth Warren would do. Republicans are considering bills that would build on the court’s deregulatory momentum.
