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America’s Future Files Amicus Brief with SCOTUS To Limit Federal Regulatory Power

Florida – July 28, 2023 – America’s Future, Inc., a national leader in the fight to preserve individual rights, promote American values and traditions, and protect the nation’s Constitutional Republic, announced that it filed an Amicus brief with the Supreme Court of the United States (SCOTUS) in Loper Bright Enterprises, et al. v Gina Raimondo, Secretary of Commerce, et al., Dkt 22-451, in support of the petitioners on July 24, 2023. The brief was filed with 13 other nonprofits.

The Petitioners have presented the following issue to the court for resolution, “whether the Court should overrule Chevron (1984) or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.”

As background, the 1984 Chevron ruling provided great deference to executive branch agencies with respect to decisions and rules they create and carry out, placing broad powers and nearly unbridled discretion in the hands of unelected officials, jeopardizing America’s tri-branch system of government.

Significantly, the issue was addressed last year when Associate Justice Hon. Neil Gorsuch published his judicious opinion of the Chevron doctrine in a well-reasoned dissent to an order denying SCOTUS review in Buffington v McDonough, SCOTUS Dkt. No. 21-972. Explaining the essence of the Chevron dilemma in this country, Justice Gorsuch stated, “Under a broad reading of Chevron…we tell those who come before us to go ask a bureaucrat. In the process, we introduce into judicial proceedings a systematic bias toward one of the parties. Nor do we exhibit bias in favor of just any party. We place a finger on the scales of justice in favor of the most powerful of litigants, the federal government, and against everyone else.”

“Our constitution is clear that there are three separate branches of government with checks and balances in place that bring accountability to the citizens of this country,” said Mary O’Neill, Executive Director of America’s Future. “We hope the SCOTUS follows the lead of Associate Justice Neill Gorsuch and overrules Chevron once and for all.”

To read more details about this filing, along with other briefs filed by America’s Future, please visit our Law & Policy page.