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Friday, September 20, 2024

Senators launch effort against administrative state after SCOTUS ruling on Chevron Doctrine

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Senator Rick Scott | Senator Rick Scott Website

Senator Rick Scott | Senator Rick Scott Website

WASHINGTON, D.C. – Today, Senator Rick Scott joined Senator Eric Schmitt in an effort to reclaim legislative authority from the Executive branch following the recent Supreme Court decision in Loper Bright Enterprises v. Raimondo. This decision reinforced the separation of powers in the United States government and overruled the Court’s Chevron precedent.

As part of this initiative, Senators Scott and Schmitt are establishing a Senate working group that will meet regularly to assess how the U.S. Senate can better operate and conduct administrative oversight following the Loper Bright decision. The goal is to prevent further abuses of power by Executive agencies.

The first step involves sending oversight letters to 101 agencies that have published over 50 final rules since 2000. These letters seek information on ongoing rulemaking, civil enforcement actions, and adjudications by these agencies, as well as how the Loper Bright decision impacts their actions moving forward.

Senator Rick Scott stated, “For too long, the Chevron Doctrine fueled an abandonment of our separation of powers by allowing the Executive to write and interpret the law as it saw fit. The recent Supreme Court decision reaffirmed the separation of powers and reinforced the constitutional roles played in our federal government: Congress writes the law, the Executive enforces the law, and the Judiciary interprets the law. I’m proud to join my colleagues in this effort to return power to the people through representative government.”

Senator Eric Schmitt commented, “The Supreme Court’s decision in Loper Bright was a critical blow to the disastrous Chevron deference standard and represents an opportunity for Congress to retake legislative power from agencies and dismantle the administrative state. For far too long, citizens have been disadvantaged while these all-powerful alphabet soup agencies run roughshod. Congress has abdicated its duty to legislate to nameless bureaucrats at agencies dotted around D.C.—it’s time to take that power back and return to a truly representative government.”

BACKGROUND

Senator Scott is joining a Post-Chevron working group led by Senator Schmitt which will regularly meet to discuss how best to limit unlawful exercises of power by administrative bodies following Loper Bright. This group includes Senators John Cornyn (R-TX), Ted Cruz (R-TX), Kevin Cramer (R-ND), Joni Ernst (R-IA), Cynthia Lummis (R-WY), Mike Braun (R-IN), Tommy Tuberville (R-AL), Thom Tillis (R-NC), Ted Budd (R-NC), Pete Ricketts (R-NE), Roger Marshall (R-KS), Bill Hagerty (R-TN), Marsha Blackburn (R-TN), John Thune (R-SD), Rand Paul (R-KY), and Ron Johnson (R-WI).

Additionally, Senators Scott and Schmitt are sending letters seeking more information on ongoing rulemaking processes from various agencies including but not limited to Health and Human Services, Food and Drug Administration, Department of Commerce, Securities and Exchange Commission, Department of Transportation.

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