Forum

U.S. Supreme Court

Case Status

Pending

Docket Number

Term

2023 Term

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Questions Presented

1. Whether the Court should overrule Chevron or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.

2. Whether the phrase "necessary and appropriate" in the MSA augments agency power to force domestic fishing vessels to contract with and pay the salaries of federal observers they must carry.

1. This is the question already accepted by the Court in Loper Bright Enterprises, et al. v. Raimondo, Secretary of Commerce, et al., No. 22-451, certiorari granted (May 1, 2023) concerning the same statute and regulation.

Additional Information

Our Role in Shaping the Future of Chevron Deference in the Supreme Court 

Case Updates

Supreme Court issues order that amicus curiae briefs filed on the merits in Loper Bright Enterprises v. Raimondo will be considered in connection with this case

October 27, 2023

The U.S. Chamber filed an amicus brief in Loper Bright Enterprises v. Raimondo urging the Supreme Court to repudiate the practice of reflexive judicial deference to agency interpretations of statutes that has arisen under an expansive understanding of the Chevron doctrine. If Chevron deference can be salvaged at all, the only path to doing so is by adhering faithfully to the separation of powers.

Helgi C. Walker, Russel B. Balikian, Jessica L. Wagner, and Edward B. Ferguson of Gibson, Dunn & Crutcher LLP and the U.S. Chamber Litigation Center served as co-counsel for the Chamber.

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