Congressional Digest

Supreme Court Debates February 2024 No. 2 Vol. 27
Sen. Ted Cruz, Rep. Mike Johnson et al., Amici Curiae

Reconsidering Agency Power

The Chevron Doctrine and Federal Law

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Sen. Ted Cruz, Rep. Mike Johnson et al., Amici Curiae

Sen. Ted Cruz (R-Texas) and Speaker of the House Mike Johnson (R-La.) are joined in this brief by 34 other members of Congress. The following is excerpted from the Amici Curiae Brief for Petitioners as submitted to the U.S. Supreme Court on July 24, 2023. The court should unequivocally abandon the contemporary Chevron deference doctrine because it contradicts Articles I, II and III of the Constitution. Decades of application of Chevron deference have facilitated the exercise of functions by the Executive Branch that more properly belong to the legislative and judicial branches. Agencies exploit general or broad terms in statutes…

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