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Justices grant four new cases, including Chevron companion case
SCOTUS NEWS
Justices grant four new cases, including Chevron companion case
By Amy Howe
on Oct 13, 2023 at 3:16 pm
The Supreme Court has added a second case asking it to overrule its landmark 1984 decision in Chevron v. Natural Resources Defense Council to its docket for the 2023-24 term. The announcement came on a list of orders released on Friday afternoon from the justices’ private conference earlier in the day. The court will hear oral argument in both Relentless v. Department of Commerce, the case granted on Friday, and Loper Bright Enterprises v. Raimondo, which it agreed in May to review, sometime in January. The remaining three cases granted on Friday will likely be argued later next year.
As John Elwood noted in his Relist Watch column on Wednesday, the Relentless case not only centers on the same question as Loper Bright – whether the court should overturn the Chevron doctrine, which instructs courts that they should defer to a federal agency’s interpretation of a statute as long as it is reasonable – but also arises from essentially the same set of facts – a challenge to a federal rule requiring fishing boats to pay for federal monitors. But unlike Loper Bright, Justice Ketanji Brown Jackson is not recused from the Relentless case, which would allow the full court to consider the Chevron question. Although the court might normally have simply put the case on hold until it ruled in the Loper Bright case, the court instead took the unusual step of fast-tracking the Relentless case for its consideration, suggesting that it might have other plans for the case. And at the same time, the Loper Bright case was conspicuously absent from the December argument calendar released on Thursday, even though the case will be fully briefed by the time the argument session begins.
{snip}
Recommended Citation: Amy Howe, Justices grant four new cases, including Chevron companion case, SCOTUSblog (Oct. 13, 2023, 3:16 PM), https://www.scotusblog.com/2023/10/justices-grant-four-new-cases-including-chevron-companion-case/
Justices grant four new cases, including Chevron companion case
By Amy Howe
on Oct 13, 2023 at 3:16 pm
The Supreme Court has added a second case asking it to overrule its landmark 1984 decision in Chevron v. Natural Resources Defense Council to its docket for the 2023-24 term. The announcement came on a list of orders released on Friday afternoon from the justices’ private conference earlier in the day. The court will hear oral argument in both Relentless v. Department of Commerce, the case granted on Friday, and Loper Bright Enterprises v. Raimondo, which it agreed in May to review, sometime in January. The remaining three cases granted on Friday will likely be argued later next year.
As John Elwood noted in his Relist Watch column on Wednesday, the Relentless case not only centers on the same question as Loper Bright – whether the court should overturn the Chevron doctrine, which instructs courts that they should defer to a federal agency’s interpretation of a statute as long as it is reasonable – but also arises from essentially the same set of facts – a challenge to a federal rule requiring fishing boats to pay for federal monitors. But unlike Loper Bright, Justice Ketanji Brown Jackson is not recused from the Relentless case, which would allow the full court to consider the Chevron question. Although the court might normally have simply put the case on hold until it ruled in the Loper Bright case, the court instead took the unusual step of fast-tracking the Relentless case for its consideration, suggesting that it might have other plans for the case. And at the same time, the Loper Bright case was conspicuously absent from the December argument calendar released on Thursday, even though the case will be fully briefed by the time the argument session begins.
{snip}
Recommended Citation: Amy Howe, Justices grant four new cases, including Chevron companion case, SCOTUSblog (Oct. 13, 2023, 3:16 PM), https://www.scotusblog.com/2023/10/justices-grant-four-new-cases-including-chevron-companion-case/