Loper Bright Enterprises V. Gina Raimondo, Brief of U.S. Senator Ted Cruz, Congressman Mike Johnson, and 34 Other Members of Congress as Amici Curiae in Support of Petitioners

The Court should unequivocally abandon the contemporary Chevron deference doctrine because it contradicts Articles I, II, and III of the Constitution. Decades of application of Chevron deference have facilitated the exercise of functions by the executive branch that more properly belong to the legislative and judicial branches. Agencies exploit general or broad terms in statutes to engage in policymaking functions of questionable legality with the assumption that courts will grant deference and not independently evaluate the lawfulness of those agency interpretations.Jettisoning Chevron deference would restore not just critical constitutional separation of powers principles but also favor the citizenry themselves, who have often suffered harms because of the lack of full representative democratic accountability that Chevron enables. Other stare decisis considerations, even assuming they apply to interpretive frameworks like Chevron deference, likewise favor eliminating deference to agencies’ interpretations of statutes