The Supreme Court will decide a challenge over how courts assess federal rule-making, setting up a major case for its next term that could change the balance of power between executive agencies, Congress and the judiciary.
The case the court announced Monday, Loper Bright Enterprises et al. v. Raimondo, centers on a challenge to a Commerce Department rule on fishery inspectors. But the justices said they will reconsider a 39-year-old legal precedent that has been used to uphold thousands of agency rules across the entire federal government.
Federal agencies, from the Justice Department to the EPA and the Federal Communications Commission, regularly assert what’s known as “Chevron deference” in defending their rules in court.
