Policyband

Policyband

Share this post

Policyband
Policyband
D.C. Memo: Sen. McConnell Says Killing Chevron Doctrine His 'Most Important' Achievement

D.C. Memo: Sen. McConnell Says Killing Chevron Doctrine His 'Most Important' Achievement

◾ GoNetspeed: Mass. Pole Regs a Hot Mess ◾ Senators to White House: Protect Subsea Cables ◾ Cable One RDOF Defaults in Idaho, Missouri ◾ Shentel Declares Dividend ◾ All-In Rules a Go Dec. 19

Ted Hearn's avatar
Ted Hearn
Oct 25, 2024
∙ Paid
3

Share this post

Policyband
Policyband
D.C. Memo: Sen. McConnell Says Killing Chevron Doctrine His 'Most Important' Achievement
Share

Chevron: Looking back on his 40-year Senate career, Senate Minority Leader Mitch McConnell (R-Ky.) this week identified his greatest achievement: Killing the Chevron Doctrine. “I would say that’s far and away the most important, most consequential thing I’ve done during my time as leader," McConnell said Tuesday at a Bowling Green, Kentucky, Chamber of Commerce event. The Chevron Doctrine — enunciated by the Supreme Court in 1984, the same year McConnell was elected to the Senate —required a federal judge to defer to an agency like the FCC if the agency's interpretation of an ambiguous law was reasonable. Now, in Loper Bright Enterprises v. Raimondo, the Supreme Court said in June the FCC needs to have the best reading of the law to win. “This court has completely reversed [Chevron deference,]" said McConnell, who is stepping down from his leadership position at the end of the year. Supreme Court Justice Brett M. Kavanaugh recently explained the reversal of Chevron. "What we did in Loper Bright – in the Chief Justice's opinion – was, I think, a course correction, consistent with the separation of powers to make sure the executive branch is acting within the authorization granted to it by Congress," he said. Kavanaugh also said not to "over read" Loper Bright because Congress can grant broad authorization to the FCC and other agencies. Nevertheless, FCC Chairwoman Jessica Rosenworcel in comments last month to the Berkeley Law AI Institute noted the shift in the regulatory landscape. "The Supreme Court has recently stepped back from the Chevron deference which long gave ... put a thumb on the scale in favor of regulatory interpretations on ambiguous laws. That is no longer the case," she said.

This post is for paid subscribers

Already a paid subscriber? Sign in
© 2025 Ted Hearn
Publisher Terms
Substack
Privacy ∙ Terms ∙ Collection notice
Start writingGet the app
Substack is the home for great culture

Share