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Governor DeSantis Applauds Chevron Overruling

Governor DeSantis Applauds Chevron Overruling

Florida Governor Ron DeSantis applauded the United States Supreme Court’s recent ruling in Loper Bright Enterprises v. Raimondo, which overturned four decades of precedent known as the Chevron doctrine. As summarized in this firm’s July 1 post, the Chevron doctrine essentially meant that unless a congressional act was clear, courts were required to defer to an agency’s interpretation as long as it was reasonable. Supporters of the Chevron doctrine typically pointed to federal agencies’ expertise in the areas they regulate. Opponents criticized the doctrine for creating an unlevel playing field between agencies and those they regulate.

Governor DeSantis, a Harvard Law School graduate, praised the Loper Bright result. He noted that the underlying issue is “who ultimately governs our society.” DeSantis said Chevron deference created burdens on regulated parties, telling them “‘. . . it doesn’t really matter if you’re actually right on the law, we are going to defer to what these experts in the bureaucracy think the law means.”

The Governor rejects the notion that leaving interpretations to the courts reduces governmental accountability. Instead, Governor DeSantis points out that if Congress does not agree with the outcomes of judicial decisions, it has the ability to rewrite the laws—  for which members will be held accountable at the ballot box.