• Jody Freeman


January 16, 2024, Interview: "When federal agencies interpret and enforce the laws passed by Congress, are they fulfilling their statutory duties or emboldening “the administrative state”? On Wednesday, the Supreme Court will hear oral arguments in two cases challenging a federal rule that requires commercial fishing vessels to pay for the professional observers who monitor their catches to ensure they comply with National Marine Fisheries Service regulations. The plaintiffs in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce are urging the justices to overrule a landmark holding involving the energy giant Chevron. In that decision, from 1984, the court said government agencies are best positioned to interpret federal statutes if a question is not specifically addressed, provided the interpretation is reasonable. Since then, “Chevron deference” has been a foundational framework in administrative law. But in recent years, critics have argued that the principle violates Article III of the Constitution, which says the federal courts should handle interpretation of law."