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Why the Supreme Court’s decision overruling Chevron and limiting federal agencies is so significant
Washington — In a blockbuster decision Friday, the Supreme Court overruled a 40-year-old decision that directed federal courts to defer to agencies’ interpretation of unclear laws enacted by Congress.
The landmark ruling from the court, which divided 6-3 along ideological lines, curtails the regulatory power of federal agencies and is expected to restrict the government’s ability to impose regulations on areas like the environment, health care and the workplace.
The decision marks a major victory for the conservative legal movement, which has long called for dismantling the framework that arose out of the 1984 ruling in a case known as Chevron v. National Resources Defense Council.
The justices did just that with their ruling in a pair of cases involving a 2020 federal regulation that required owners of vessels in the Atlantic herring fishery to pay for monitors while they’re at sea.
Here is why the decision in those two cases is so significant:
What is Chevron deference?
The concept of Chevron deference was borne out of the 1984 decision, which involved a challenge to a regulation enacted by the Environmental Protection Agency under the Clean Air Act that defined “stationary sources” of air pollution.
In that case from four decades ago, the Supreme Court used a two-step approach to uphold the EPA’s definition. The first step was to decide whether Congress had directly spoken to the question at hand. If Congress’ intent was clear, that marked the end of the analysis. But if not, and the statute was ambiguous as to the issue, the second step said courts should defer to the agency’s interpretation of the statute if it is reasonable.
That two-step test was referred to as Chevron deference. In practice, it has given broad leeway to federal agencies and government regulators to interpret laws when there is some dispute over what the text of the statute means. Lower courts have applied Chevron in thousands of cases, and the Supreme Court itself has upheld an agency’s reasonable interpretation of an ambiguous statute at least 70 times. But the high court has not applied Chevron doctrine since 2016.
What did the Supreme Court do?
The Supreme Court issued its ruling in two cases, Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, on Friday that explicitly overruled Chevron. Justice Ketanji Brown Jackson did not participate in the first case.
In its decision, the court held that a federal law known as the Administrative Procedure Act, or the APA, requires courts to exercise their own independent judgment when deciding whether an agency acted within its authority under the law. Courts, the majority found, should not defer to an agency’s interpretation of a law just because it is unclear.
Writing for the majority, Roberts said Chevron was a “judicial invention that required judges to disregard their statutory duties.”
When a court considers whether an agency has acted within its authority, the chief justice wrote, the judgment of the executive branch may help inform its analysis. And when a law assigns authority to an agency within constitutional limits, courts have to respect that delegation, the Supreme Court found.
But “courts need not and under the APA may not defer to an agency interpretation of the law simply because a statute is ambiguous,” the majority concluded.
Acknowledging that lower courts have long applied Chevron, Roberts said jettisoning the doctrine does not call into question those earlier decisions.
What will the ruling affect and why does it matter?
Supporters of Chevron deference have been sounding the alarm that a reversal of the 1984 ruling would hinder the ability of federal agencies to impose regulations that fill gaps in the laws passed by Congress. The Biden administration called Chevron a “bedrock principle of administrative law” that gave weight to the expertise of federal agencies and warned its reversal would create an “upheaval.”
Already, legal scholars who disagree with the Supreme Court’s decision to overturn Chevron have warned it concentrates power in the courts, leaving judges to make calls about policy that had previously been decided by experts who have deep experience in the subject area.
As Justice Elena Kagan put it in her dissenting opinion, “In one fell swoop, the majority today gives itself exclusive power over every open issue — no matter how expertise-driven or policy-laden — involving the meaning of regulatory law. As if it did not have enough on its plate, the majority turns itself into the country’s administrative czar.”
Joined by Justices Sonia Sotomayor and Jackson, Kagan said that by doing away with Chevron, courts will be at the center of the administrative process as to an array of subjects since there are always gaps in the law.
Among those, Kagan wrote: “What actions can be taken to address climate change or other environmental challenges? What will the nation’s health-care system look like in the coming decades? Or the financial or transportation systems? What rules are going to constrain the development of A.I.?”
What comes next?
Roberts wrote for the court that earlier decisions that relied on the Chevron framework will not be impacted by its reversal, but Kagan and the other two dissenters still said the ruling will be “disruptive” since it raises new doubts about agency actions that interpret statutes.
She warned that longstanding agency interpretations that had never challenged under Chevron may now be at the center of legal battles.
Some legal scholars are already bracing for a flood of litigation against agencies like the FDA and are warning that getting rid of Chevron deference will impact how government departments administer federal programs that serve broad swaths of the population.
CBS News
Do you need photo ID to vote for the 2024 election? Here’s a state-by-state look at requirements
As Americans head to the polls on Election Day 2024 to choose between former President Donald Trump and Vice President Kamala Harris, voters should know the required ID, if any, they need to present in order to submit their ballots depending on the state they are registered in.
There are 36 states that require voters to show some form of identification at the polls, either required or by request, and some that require photo documentation, the according to the National State Conference of Legislatures states. The remaining 14 states and Washington, D.C. use other means to verify the identity of voters. In most cases, other identification information provided at the polling place is checked against that person’s records on file.
Voters are recommended to check their state’s polling hours and their registration status prior to visiting their voting location.
Here is a state-by-state breakdown of what states require identification: each state’s ID rules:
States that Require Photo ID for Voting
Nine states have strict photo ID requirements.
- Arkansas
- Georgia
- Indiana
- Kansas
- Mississippi
- North Carolina
- Ohio
- Tennesse
- Wisconsin
States that Request Photo ID
In 14 states, if a voter does not have ID, the voter can either vote on a provisional ballot or in some states, sign an affidavit attesting to their identity.
- Alabama
- Arizona
- Florida
- Idaho
- Louisiana
- Michigan
- Missouri
- Montana
- Nebraska
- Rhode Island
- South Carolina
- South Dakota
- Texas
- Wyoming
States that Don’t Require Photo ID
In another 28 states, there is either no identification requirement or no photo identification requirement.
- Alaska
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Hawaii
- Illinois
- Iowa
- Kentucky
- Oklahoma
- Oregon
- Maine
- Maryland
- Massachusetts
- Minnesota
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Pennsylvania
- Utah
- Vermont
- Virgina
- Washington
- West Virginia
CBS News
What to know about fluoride in water following RFK Jr.’s health claims
Robert F. Kennedy Jr.’s recent comments on fluoride are prompting questions about its safety and why it’s used in drinking water.
Kennedy, a former presidential candidate turned Trump supporter who has long shared anti-vaccine views, said on social media Saturday that Donald Trump would push to remove fluoride from drinking water on his first day in office if elected president. Trump has previously suggested he’d put Kennedy in charge of health initiatives.
On Sunday, Trump told NBC News he had not spoken to Kennedy about fluoride yet, “but it sounds OK to me. You know it’s possible.”
In a post on social media, Kennedy claimed fluoride is linked to a slew of health problems.
Why the fear over fluoride? Here’s what to know.
What is fluoride?
Fluoride is a mineral that helps strengthens teeth and reduces cavities, according to the U.S. Centers for Disease Control and Prevention. It does this by repairing and preventing damage to teeth caused by bacteria in the mouth that produce acid, which in turn dissolves minerals in a tooth’s surface and can even lead to tooth loss.
Tooth decay by itself can be painful and costly to treat but left untreated can cause further problems, including infections and abscesses or even sepsis, according to the World Health Organization.
Some research has also linked poor oral health to other complications such as cardiovascular disease due to inflammation and infection.
This is why experts urge prevention as the best way to keep your dental (and overall) health in check.
Why fluoride is in water and its health benefits
“Almost all water contains some naturally occurring fluoride, but usually at levels too low to prevent cavities,” the CDC’s website notes.
In 1950, federal officials endorsed water fluoridation — adding a small quantity of fluoride to the water supply — to prevent tooth decay. Fluoride can come from a number of sources, including most toothpaste brands, but researchers say drinking water is the main source for Americans.
“Studies continue to show that widespread community water fluoridation prevents cavities and saves money, both for families and the health care system,” the CDC says, noting that this step has reduced tooth decay in children and adults by about 25%.
Dr. Naomi Levy Goldman, cosmetic and restorative dentist and owner of Levy Goldman Dentistry, told CBS News that, at recommended levels, studies have shown drinking fluoridated water is “beneficial for preventing dental decay, especially in the first three years of life when the primary and permanent teeth are still developing.”
“Studies also show that consuming fluoridated water at the current recommended levels should not cause neurotoxicity or other adverse effects,” she said.
Is fluoride in drinking water safe?
The recommended fluoride concentration in drinking water is 0.7 milligrams of fluoride per liter of water, which is about equal to 3 drops in a 55-gallon barrel, according to the CDC.
In 2015, officials lowered the recommendation for drinking water fluoride levels to address fluorosis, a condition that can cause discoloration on teeth.
“The severity of the white spots (or fluorosis of the enamel) seems to increase with higher concentrations of fluoride,” Levy Goldman said. “One study noted about 12% of people would have some level of flourosis of the enamel from drinking fluoridated water at 1ppm.”
Overall, the addition of low levels of fluoride to drinking water is considered by health officials to be one of the greatest public health achievements of the last century.
“Seventy years of research, thousands of studies and the experience of more than 210 million Americans tell us that water fluoridation is effective in preventing cavities and is safe for children and adults,” according to the American Dental Association.
But it hasn’t gone without controversy.
Earlier this year, the National Institutes of Health’s toxicology program determined “with moderate confidence” that there is a link between higher levels of fluoride exposure and lower IQ in kids. The federal agency based its conclusion on studies involving fluoride levels at about twice the recommended limit for drinking water.
The American Academy of Pediatrics has questioned the validity of the NIH’s report, saying other reviews have come to different conclusions about fluoride’s risks and benefits. The AAP is among the expert groups that continue to recommend using fluoride toothpaste, in combination with fluoridated water, to protect teeth from cavities.
U.S. District Judge Edward Chen later cited the NIH study in ordering officials to further regulate fluoride in drinking water.
While the judge was careful to say that his ruling “does not conclude with certainty that fluoridated water is injurious to public health,” he said that evidence of its potential risk was now enough to warrant forcing the Environmental Protection Agency to take action.
Critics have cited near-universal adoption of fluoride toothpaste and other dental products as evidence that the chemical no longer needs to be added to drinking water. Other countries abroad have cut cavity rates without adding it to their water supplies, they argue.
The CDC has said that continued water fluoridation is still the “most cost-effective method of delivering fluoride to all members of the community regardless of age, educational attainment, or income level.”
CBS News has reached out to the American Dental Association for commentary.
Alexander Tin and
contributed to this report.
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