With a single ruling, the Supreme Court dismantled a cornerstone of modern regulatory power—what comes next could reshape American democracy. For forty years, the Chevron Doctrine enabled a landslide of regulations from unelected officials, steadily eroding the role of citizens and their elected representatives in shaping policy. By deferring to agency interpretations of vague laws, courts had effectively sidelined the people’s voice while undermining checks and balances at the heart of our constitutional system.
One year ago, the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo (2024) marked a pivotal moment in American legal history. This landmark ruling overturned Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984) and fundamentally altered the landscape of federal agency power, rebalancing the separation of powers within our government. Overturning the Chevron case through Loper Bright was a significant step toward restoring balance among the branches of government, ensuring that agencies are more closely tied to the law. As we remember this anniversary, it’s crucial to reflect on the significance of this development and the role of civic engagement in shaping our democracy.
THE LOPER BRIGHT CASE IN ACTION
Federal courts have increasingly struck down agency rules over the past year, citing the Loper Bright decision. Judges can now assess what a statute means on their own without deferring to an agency’s interpretation of it—a shift that has led to high-profile invalidations. In particular, once Chevron deference was struck down, an FCC net neutrality rule was recently voided when the court found the agency had exceeded its mandate.
In response, executive agencies have tightened their rulemaking process, grounding regulations more explicitly in statutory text and legislative history. Some are now leaning more heavily on subregulatory guidance, which carries less legal risk. This caution stems from increased litigation and congressional scrutiny, with lawmakers exploring more precise statutory drafting to withstand judicial review in the post-Chevron era. Already, regulations are being struck down and the executive agencies are winning fewer cases than when the policy was in place.
STAYING ENGAGED
Reflecting on the past year since the Supreme Court overturned the Chevron Doctrine, it’s become increasingly clear that Congress’s core challenge lies in how laws are written. When legislation is broad or unclear, it creates space for differing interpretations, first by agencies and now by the courts. This moment offers a meaningful opportunity for civic engagement.
Your voice matters: By encouraging our elected representatives to draft clear, precise laws, we can help ensure that public policy is more directly guided by the will of the people. This is a reminder that democratic participation doesn’t end at the ballot box—ongoing dialogue with lawmakers and attention to the legislative process are essential to shaping the future of governance in a post-Chevron era.
Explore The Policy Circle’s Judicial Branch and Civic Engagement Briefs.
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