One year later: A world without ‘Chevron deference’

American Legislative Exchange Council’s Nino Marchese writes in The Hill:

Loper Bright reminds the nation that final legal interpretation belongs squarely with the judiciary — a core thread of our jurisprudential fabric stretching all the way back to Marbury v. Madison. When judges are forced to bow before bureaucrats on questions of law, we risk not only implementing the policy preferences of unelected regulators, but also expanding executive branch “lawmaking,” eroding the separation of powers characteristic of our system.

Although Loper Bright cleared the way for our federal courts, it left state judiciaries untouched. Nearly two-thirds of the states continue to operate under some form of deference, many suffering under a jurisprudential fog of unclear or inconsistently applied precedent.

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This year, more than 13 states have introduced aligned anti-deference bills, five of which — Kentucky, Louisiana, Missouri, Oklahoma, and Texas — prevailed.