
NICK GOSNELL
Hutch Post
HUTCHINSON, Kan. — A case that is still pending before the U.S. Supreme Court is of particular interest to those who want to see the adminisrative state limited, and make sure that Congress needs to act for a law to change.
"There's actually two cases that are kind of joined together," said Kansas Attorney General Kris Kobach. "One is called Loper Bright and the other one is called Relentless. Those are the names of plaintiffs or parties in the case. It would roll back the so-called Chevron Doctrine. It's called Chevron because of another case decades ago. The Chevron Doctrine said that an agency is given special deference in the courts when someone challenges the way an agency is interpreting its own authority under the law."
The conventional wisdom believes that with the court's current makeup, it will likely roll back at least some of Chevron's protections, though the specifics won't be known until a decision happens.
"That has been part of the problem for several decades, but especially problematic because the Biden administration has abused it and pushed its authority beyond the clear wording of the statutes," Kobach said. "There are two cases that clearly challenge it. Many justices have over the past few decades expressed concern with that doctrine, and I'm optimistic that this week we will find that the Chevron Doctrine is no longer."
Traditionally, the Supreme Court hands down all of its decisions by the end of June.
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