The Silent Coup: How the Supreme Court’s Overturning of Chevron Deference Will Crush the Administrative State
For decades, the administrative state has been the backbone of the US government, with agencies like the EPA, FCC, and FDA wielding significant power over various aspects of American life. But all of that is about to change. On Friday, the Supreme Court overturned the landmark Chevron doctrine, which gave federal agencies significant deference in interpreting ambiguous laws. The implications are far-reaching and devastating.
The Chevron doctrine, named after the 1984 case Chevron v. NRDC, allowed agencies to make informed decisions on complex issues, often with more expertise than judges. It was a vital tool for addressing modern problems, from climate change to consumer protection. But now, with Chevron deference gone, agencies will be forced to jump through judicial hoops, bogged down in litigation and uncertainty.
This is not just a minor tweak. It’s a fundamental shift in the balance of power, one that will empower the conservative judiciary and hamstring the administrative state. The consequences will be felt across the board, from environmental regulations to intellectual property law.
The Death of the Right to Repair
One area where the impact will be particularly severe is the right to repair. The Copyright Office, which falls under the legislative branch, issues exemptions for DMCA Section 1201 every three years. These exemptions cover everything from unlocking cellphones to repairing electronic voting machines. But with Chevron deference gone, these rulemakings will be subject to the Administrative Procedure Act, making them more vulnerable to judicial challenge.
The result will be a recurring triennial conflict, with companies and individuals fighting to protect their right to repair and modify devices. This will lead to uncertainty, delays, and potentially even the collapse of the right to repair altogether.
The Apple Watch Ban: A Glimpse into the Future
In 2023, the International Trade Commission (ITC) banned imports of the Apple Watch due to patent infringement. This was a result of Chevron deference, which allowed the ITC to interpret patent law. But with Chevron gone, the ITC will no longer have the same authority. This could lead to a surge in patent litigation, as companies like Apple and Samsung fight to protect their intellectual property.
The Consequences of Judicial Overreach
The disempowering of federal agencies will have far-reaching consequences, touching on issues both big and small. The courts will become the de facto decision-makers, rather than the agencies that are best equipped to handle complex issues. This will lead to a lack of accountability, as judges make decisions without the same level of expertise as agency officials.
In the end, the overturning of Chevron deference is not just a technical change; it’s a fundamental shift in the balance of power. It’s a silent coup, one that will crush the administrative state and empower the conservative judiciary. The consequences will be felt for years to come, and it’s hard to imagine a more devastating outcome.
