Senate’s Post-Chevron Working Group Releases Report
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| June 5, 2025
A group of twenty Republican Senators that comprise a Post-Chevron working group released a 150-page report this morning. From the Executive Summary:
The Post-Chevron Working Group is comprised of twenty Republican Senators. This report is broken down into three sections: 1. Proposed Legislative Response to Loper Bright; 2. Analysis of the Administrative State’s unpreparedness for and hostility toward Loper Bright; and 3. Legislative Drafter’s Guide to Deference, Delegation, and Discretion.
Legislative Proposals: A series of Short Term priorities, Medium Term projects, and Long Term goals are required to seize this rare “wet cement” moment for our separation of powers.
The Administrative State’s unpreparedness for and hostility to Loper Bright: An analysis of the responses (and non-responses) of the 101 administrative agencies who have published fifty or more final rules since the year 2000 in the Federal Register. This section discusses the Good, the Bad, and the Ugly of our received responses. It also discusses those agencies “Gone Fishing” who did not take the time to respond to a group of twenty Senators’ serious inquiry.
The Legislative Drafters Guide to Deference, Delegation, and Discretion: A practical primer for members and legislative staff on how to think about, spot, and deal with three of administrative law’s most statutory concepts: deference, delegation, and discretion.
UPDATE to add statement from Senator Eric Schmitt (R-MO):
“The Loper Bright decision is one of the most consequential Supreme Court decisions in our nation’s history. The rise of the Administrative State has been antithetical to our Constitution and our republican form of government. In our system, the people elect their leaders. For too long, Washington bureaucrats have been transferring power from the will of the people and into the hands of unelected, unaccountable bureaucrats. President Trump’s Administration has been off to a historic start as it restores accountability to the Executive Branch. As the Chairman of this Working Group, I’m glad to release a report to help guide Congress’ role in restoring accountability, showcase the failures of the Biden era Administrative State, and detail how we can make lasting changes to our bill drafting processes,” said Senator Eric Schmitt.
