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

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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.