Supreme Court will consider overruling landmark Chevron deference decision in a fishy case

… John J. Vecchione, senior litigation counsel with the New Civil Liberties Alliance, a legal organization… that is representing the Rhode Island fishers, says that Chevron has been ineffective and not rooted in the Constitution.

“If judges find ambiguity and get to [Chevron] step 2, the government wins something like 95 percent of time,” he says. “So what you have is a judicially created instrument that compels one litigant to win.”

… “We think this case is a good vehicle because the facts are clear,” says Vecchione of the New Civil Liberties Alliance. “They don’t need to develop anything more.”

January 11, 2024

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Originally Published in ABA Journal