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Amicus Briefs

Loper Bright v. Raimondo

A  Final Rule promulgated by the National Oceanic and Atmospheric Administration requires fishing companies to pay for government monitoring of their herring catch, but no statute authorizes the agencies to obtain funding from regulated parties. Nevertheless, in August 2022, the U.S. Court of Appeals for the D.C. Circuit invoked the Chevron precedent in Loper Bright v. Raimondo, ruling that NOAA Fisheries’ Final Rule was allowable under an expansive reading of the Magnuson-Stevens Act. Chevron requires federal judges to defer to federal agencies’ reasonable interpretations of ambiguous statutes.

NCLA’s amicus brief—co-authored by founder Philip Hamburger—makes important arguments against Chevron deference that the Court has never evaluated. First, it points out that deference requires judges to abandon their duty of independent judgment. This ancient duty is inherent in the office of being a judge and carefully protected in the Constitution by life tenure, a rule against salary diminishment, and other protections. Yet Chevron tells judges they must defer instead in their legal rulings to members of the Executive Branch who lack independence.

Second, the brief argues that Chevron deference denies due process of law by requiring judicial bias in favor of one party to a case—the powerful government, no less—and against the other party in court. This systematic bias would not be tolerated in any other context, but it has been polluting Chevron cases for nearly four decades. The brief also explains why certain excuses for Chevron bias fail, why stare decisis cannot justify retaining deference, and why the Court needs to repudiate Chevron deference altogether, rather than try to shore it up at the margins.

Mark Chenoweth
President and Chief Legal Officer
Kara Rollins
Litigation Counsel
Philip Hamburger
Chief Executive Officer
John J. Vecchione
Senior Litigation Counsel
NCLA FILINGS

Brief for the Respondents

September 15, 2023 | Read More

Amicus Curiae Brief of the New Civil Liberties Alliance in Support of Petitioners

July 24, 2023 | Read More

Brief for Petitioners

July 17, 2023 | Read More

Motion for Leave to File Brief as Amici Curiae and Brief of Relentless Inc., Huntress Inc., and Seafreeze Fleet LLC as Amici Curiae in Support of Petitioners

December 15, 2022 | Read More

PRESS RELEASES

NCLA Amicus Brief Challenges Supreme Court to Deep-Six Chevron Deference and at-Sea Monitor Rule

July 24, 2023 | Read More

Rhode Island Herring Fishermen Encourage Supreme Court Review of NMFS’s at-Sea Monitor Rule

December 16, 2022 | Read More

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