Columbus, OH – On Friday, The Buckeye Institute filed an amicus brief with the Pennsylvania Supreme Court in Lutheran Home at Kane v. Pennsylvania Department of Human Services, calling on the court to “abandon deference to administrative agencies and reassert judicial authority in interpreting laws and regulations.”

“The U.S. Supreme Court and 18 states—including Ohio—have revised their deference doctrines. This case presents the Pennsylvania Supreme Court an opportunity to abandon its deference to administrative agencies and reassert judicial authority in interpreting laws and regulations,” said David C. Tryon, director of litigation at The Buckeye Institute and the counsel of record on the brief.

In its brief, The Buckeye Institute demonstrates why Ohio, Wisconsin, Michigan, and numerous other states have abandoned Chevron deference, and it argues that the Chevron and Auer deference doctrines are “inconsistent with the Commonwealth’s constitutional structure and its statutory rulemaking schemes.”

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