Columbus, OH – On Thursday, The Buckeye Institute joined the National Federation of Independent Business (NFIB) in filing an amicus brief in Foster v. U.S. Department of Agriculture, calling on the U.S. Supreme Court to hear the case and finally overturn Chevron, a “judicially created doctrine that props up an aggressive administrative state” that imposes regulations far beyond what Congress authorized.  

“The practice of courts simply deferring to agencies’ interpretation of laws is inconsistent with our constitutional system,” said David C. Tryon, director of litigation at The Buckeye Institute. “The result of Chevron is an impossible-to-navigate ‘regulatory minefield’ that costs small businesses and consumers billions each year. The Buckeye Institute urges the court to overturn Chevron and require that courts interpret laws based on independent evaluation, not on the government’s interpretation.”

In the brief, the amici argue that “Chevron deference is incompatible with our constitutional separation of powers and due process…When courts defer to agencies, they rubber stamp questionable rules with significant financial consequences for small businesses. And they do so without meaningful and thorough judicial review.”

Foster v. U.S. Department of Agriculture is a Pacific Legal Foundation case. Also joining the NFIB brief are Landmark Legal Foundation and Southeastern Legal Foundation.

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UPDATE: On July 2, 2024, the U.S. Supreme Court wrote, “The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Loper Bright Enterprises v. Raimondo.”