Republicans look to cull agency powers in wake of Supreme Court rulings

Congressional Republicans are pushing federal agencies to, in the wake of recent Supreme Court decisions, quickly identify and prepare to change regulatory actions they have taken dating back decades.

After the Supreme Court in recent weeks has issued sweeping decisions with far-reaching fallout for the executive branch’s administrative powers, conservative lawmakers are now looking to capitalize by forcing agencies to not just adjust their plans going forward but walk back their previous actions. The aggressive approach appears to overstep what the majority on the high court actually ruled, which said longstanding agency rules were settled matters and should not be impacted. 

Last month, the court overturned the precedent known as Chevron deference, which said broadly that courts must defer to agencies when interpreting ambiguous statutory language. In Relentless and Loper Bright v. Commerce Department, the court ruled in a 6-3 decision that the judiciary, not federal agencies, should resolve questions of law according to their own judgment.

House Republican leaders acted quickly in sending letters to most major federal agencies, demanding that they review pending rules that may be impacted by the court’s decision because they are either already facing litigation or could going forward. They also asked for a review of all cases in which Chevron was leaned upon since the precedent was created in 1984. 

House Oversight and Accountability Chairman James Comer, R-Ky., sent similar letters to the Federal Acquisition Regulatory Council, the General Services Administration and the Office of Personnel Management. Lawmakers said the precedent resulted in overreach by federal agencies and overly broad interpretations of law that courts then had to uphold. 

“This long-needed reversal should stem the vast tide of federal agencies’ overreach,” Comer said in his letters. “Given the Biden administration’s track record, however, I am compelled to underscore the implications of Loper Bright and remind you of the limitations it has set on your authority.” 

Sen. Tom Cotton, R-Ark., this week introduced the Bureaucratic Overreach Review Act, which would require both the Government Accountability Office and each agency to identify cases in which courts relied on Chevron in deferring to agency expertise. Agencies would have to reassess each rule they identified and either modify them or justify why they can remain as written. 

“Congress should make laws, not unelected bureaucrats,” Cotton said. “My legislation will make sure the verdicts that used Chevron to justify government overreach are reviewed.” 

In his majority opinion, Chief Justice John Roberts seemed to specifically reject the interpretations now being put forward by congressional Republicans. 

“By overruling Chevron, though, the court does not call into question prior cases that relied on the Chevron framework,” Robert wrote, noting they were still valid and lawful. 

In a hearing on Wednesday, Rep. Lauren Boebert, R-Colo., asked Environmental Protection Agency Administrator Michael Regan which regulations he would revoke in light of Loper Bright. Regan questioned whether Boebert understood the court’s decision and said her request was “ill-formed.” Boebert countered that she was asking about the “rogue bureaucrats” at EPA and erroneously said the court ruled many of the agency’s existing rules were unconstitutional. 

“We’re going to adhere to the Supreme Court and continue to do our work in accordance to the Supreme Court,” Regan said. “The Supreme Court didn’t tell us to repeal anything.”