This article was written by Tyler O'Neil and published in The Daily Signal.
A conservative nonprofit launched by former Vice President Mike Pence is representing 11 conservative groups in supporting fishermen challenging the extensive power of the federal bureaucracy.
Advancing American Freedom, which plays no role in Pence’s 2024 presidential campaign, filed an amicus brief in the Supreme Court case Loper Bright Enterprises v. Raimondo, in which the court will revisit the longstanding precedent of Chevron deference. The group exclusively gave The Daily Signal a copy of the brief.
In Chevron v. National Resources Defense Council (1984), the Supreme Court held that whenever a law is ambiguous, a federal agency has the authority to interpret the scope and content of that ambiguity to achieve its ends, so long as the interpretation is “reasonable.”
This precedent granted executive agencies tremendous power to effectively rewrite the law, critics like Advancing American Freedom claim.