‘Extraordinarily Dangerous’: Legal Expert Warns Supreme Court Chevron Decision Just Changed ‘Government As We Know It’

MSNBC legal analyst and former acting Solicitor General Neal Katyal sounded the alarm on Friday after the Supreme Court overturned a 1984 precedent referred to as “Chevron deference” that empowered federal agencies to regulate large swathes of American life, everything from healthcare standards to the environment to financial protections.

“Neal, I understand we also got a batch of decisions that have to do with Chevron. What do we need to know about those cases?” MSNBC anchor Ana Cabrera asked Katyal.

“These are momentous major decisions. The Supreme Court has done an extraordinary thing, an extraordinarily dangerous thing,” Katyal began, adding:

They sound technical. But here’s what they’re about. Most government regulation in this country is not done by Congress. It’s done by administrative agencies. So a climate regulation done by the EPA, food and drug regulation by the FDA, you know, kind of economic issues by the SEC and other organizations, even how much your phone bill is, as you know, by the Federal Communications Commission. All of those regulations are interpreted against the backdrop of a decision in 1984 called Chevron, which is agencies deference in determining just how much power they have and what they can do.

What the Supreme Court did today by a 6 to 3 vote is overturned Chevron. That is going to make it much more difficult to regulate businesses, to protect consumers, to protect the environment, to protect our healthcare. This is as momentous a decision as it comes. I know we’re all been focused on the Trump immunity case, and there are many good reasons why. But in terms of influencing Americans’ daily lives, this decision, which sounds technical, is a major, major big deal, and is going to change government as we know it.

Reuters explained the political dynamic behind the ruling, noting that “The decreasing productivity of Congress – thanks to its gaping partisan divide – has led to a growing reliance, especially by Democratic presidents, on rules issued by U.S. agencies to realize regulatory goals.”

“The 1984 precedent, set in a ruling involving oil company Chevron, has called for judges to defer to federal agency interpretations of U.S. laws that are deemed to be ambiguous. This doctrine, long opposed by conservatives and business interests, is called ‘Chevron deference,’” explained Reuters.

Watch the clip above via MSNBC.

Have a tip we should know? tips@mediaite.com