Kemp files Supreme Court amicus brief in Chevron case



(The Center Square) — Georgia Gov. Brian Kemp has filed an amicus brief in a highly visible U.S. Supreme Court case that could overturn a standing practice that gives federal agencies the power to interpret statutes.

Kemp, a Republican, filed his brief in the case of Loper Bright Enterprises v. Raimondo, which seeks to overturn the so-called Chevron deference established by the 1984 decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. It compels federal judges to defer to federal agencies’ interpretations in “ambiguous situations” as long as the interpretation is “reasonable.”

Critics say it has created regulatory instability and gives too much power to unelected bureaucrats. Kemp is one of several parties or groups that have filed briefs since the nation’s highest court said it would take up the case.

“Chevron has fundamentally altered Americans’ relationship with the federal government and has enabled agencies to regulate every facet of daily life,” Kemp said in a statement.

“When federal agencies over-extend their regulatory authority and cast down nationwide mandates, they undermine the will of Georgia’s voters,” the governor added. “Overturning Chevron is a critical step toward cutting burdensome regulations and ensuring that Georgia’s policies reflect the will of its citizens and not the dictates of bureaucrats in Washington.”

The case before the Supreme Court stems from a lawsuit Loper Bright Enterprises filed in New Jersey in 2020. It contends that implementing monitoring regulations will result in Atlantic herring fishermen paying contractors more than $700 daily, roughly 20% of their income.

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