Congressional Digest

Supreme Court Debates February 2024 No. 2 Vol. 27
West Virginia et al., Amici Curiae

Reconsidering Agency Power

The Chevron Doctrine and Federal Law

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West Virginia et al., Amici Curiae

West Virginia is joined in this brief by 26 other states. The following is excerpted from the Amici Curiae Brief for Petitioners as submitted to the U.S. Supreme Court on July 24, 2023 Chevron has inflicted real and lasting damage on the states, on our citizens and businesses, on our “separation of powers” and, ultimately, on “our Constitution and the individual liberty it protects.” — Department of Transportation v. Association of American Railroads (2015). An accurate accounting of this harm leads to only one conclusion: Chevron must go.  If it does, the sky will not fall. Courts can reassume their…

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