Post-Chevron Resources
Resources for Members and Congressional staff on navigating the post-Chevron landscape
Background
Congress has always had the power to write laws that make its intentions clear. That includes the intention to give discretion to federal agencies. The post-Chevron caveat is that discretion to agencies will now need to be explicit.
And while the Court made clear in Loper Bright v. Raimondo and Relentless v. Commerce that previous cases that depend on Chevron are still good law, a flood of new cases challenging existing rules will soon start crashing on the shores of District Courts around the country.
The end of the Chevron doctrine presents both challenges and opportunities. Congress must adapt by enhancing its capacity and expertise to fulfill its legislative and oversight responsibilities effectively. This moment calls for significant institutional improvements, ensuring that Congress can meet the demands of a post-Chevron world.
Resources for Members and Congressional Staff
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Post Chevron, Congress Has to Get Serious About Capacity
Congress has always had the power to write laws with specificity that make its intentions clear. That includes the intention to give discretion on certain topics to agencies. The post-Chevron caveat is that discretion given to agencies will now need to be explicit.
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Congress in the Wake of a Chevron Change: Resources and Recommendations
A Supreme Court change to Chevron would have ripple effects throughout America’s legislative system regardless of the scope of change the Court initiates.
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Chevron Changes 101: What it Means for Your Job Now
Join POPVOX Foundation for a webinar designed to help Congressional staff gain a clear understanding of the recent Loper Bright decision that overturned the “Chevron doctrine.”
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119th House Rules Recommendations
This report provides several proposals that emphasize technological and operational advancements for House lawmakers to consider to help redefine the House’s capabilities to serve constituents and fulfill its Article I mandate.
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CHA Hearing Explores the House’s Path Forward in a Post-Chevron Congress
The Committee on House Administration’s July 23, 2024 hearing, “Congress in Post-Chevron World” focused on Congress constitutional lawmaking power and the need to invest in the First Branch of government.
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Public Witness Testimony on Strengthening Congressional Capacity Post-Chevron to House Committee on Administration
POPVOX Foundation Cofounder and Executive Director Marci Harris submitted public testimony for the Committee on House Administration Hearing, “Congress in a Post-Chevron World.”
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The Washington Times: Supreme Court’s overturning of Chevron doctrine spurs push for changes to how Congress works
POPVOX Foundation is pushing the House to adopt rule changes that will improve its capacity to enact new laws and conduct oversight of existing ones as it grapples with a Supreme Court's Loper Bright decision that will put greater demands on the Legislative branch.
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The Fulcrum: Congress must get serious about its capacity or cede power to courts
By overturning the Chevron doctrine, the Supreme Court put the onus on an under-resourced legislative branch to be much more clear in writing laws. If Congress fails to exercise its lawmaking power, it will cede power to the judiciary.
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Newsweek: The Supreme Court Is About To Make Congress Reinvent Itself
A post-Chevron world could force Congress to increase its internal capacity, invest in expertise, overhaul its processes, better monitor implementation, and respond more quickly. If not, things could start to break.
Additional Resources
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Bipartisan Policy Center: Building a Congress for a Post-Chevron World
June 28, 2024
Written by J.D. Rackey and Michael Thorning, Bipartisan Policy Center
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The Hill: Congress should get ready for a post-Chevron America
April 9, 2024
Op-ed by Kevin R. Kosar, AEI
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FAI: Preparing for a Post-Chevron Congress
April 26, 2024
Testimony to the House Legislative Branch Appropriations Committee by Zach Graves, Foundation for American Innovation
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The Hill: Give Congress the data it needs for stronger lawmaking and oversight
June 8, 2024
Op-ed by J.D. Rackey, Bipartisan Policy Center
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Brennan Center for Justice: Whether the Supreme Court Rolls Back Agency Authority, Congress Needs More Expert Capabilities
May 30, 2023
Written by Maya Kornberg and Martha Kinsella, Brennan Center for Justice
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National Affairs: The Case for a Congressional Regulation Office
Fall 2016
Written by Philip Wallach and Kevin R. Kosar, National Affairs
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Congressional Research Service Resources
Via everycrsreport.com
