Small Businesses Urge Supreme Court to Eliminate Chevron Deference in New Amicus Brief

Date: July 24, 2023

WASHINGTON, D.C. (July 24, 2023)NFIB filed an amicus brief in the case Loper Bright Enterprises v. Gina Raimondo at the U.S. Supreme Court. The case questions whether the Court should eliminate judicial deference to administrative agencies on legal interpretations, a concept established in Chevron v. Natural Resources Defense Council.

“Small business owners consistently rank unreasonable government regulations as a top problem in running their businesses,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “This case presents an opportunity for the Court to relieve some of that regulatory hardship on small businesses by overturning Chevron. We urge the Supreme Court to abandon the Chevron doctrine and reverse the lower court’s decision.”

NFIB’s brief argues several points: 1) the burden of unchecked and unexamined regulation crushes small businesses, 2) stare decisis should not deter the Court from abandoning Chevron, 3) states have led the charge in abandoning Chevron deference by demonstrating a more constitutionally appropriate path forward, 4) Chevron has led to agency self-aggrandizement, legislative indifference, and judicial passivity, and 5) Courts already have the skills and interpretive rules to replace Chevron deference.

NFIB filed the amicus brief with the Buckeye Institute.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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