Supreme Court to Hear Fishermen’s Chevron Challenge

Case could restore judicial check on executive overreach.

News Release from Cause of Action Institute, May 1, 2023

The Supreme Court announced today it will take up the case of New Jersey fishermen who are challenging the federal government’s attempt to unlawfully force them to pay monitoring fees without congressional approval—a case that gives the Court an opportunity to review and overrule the Chevron deference precedent. Critically, the Court granted only on Question Presented 2, which means it will directly address the future of Chevron.

The justices will review Loper Bright v. Raimondo. The fishermen, represented by former Solicitor General Paul Clement and lawyers from Cause of Action Institute, petitioned the Court in November to overrule a funding scheme that would force them to hand over 20 percent of their pay to third-party at-sea monitors they must bring on their boats—a mandate that Congress never approved by statute.

Amicus briefs in support of the fishermen’s case were filed by 38 organizations and individuals, including one signed by 18 state attorneys general.

“The Supreme Court has an opportunity to correct one of the most consequential judicial errors in a generation. Chevron deference has proven corrosive to the American system of checks and balances and directly contributed to an unaccountable executive branch, overbearing bureaucracy, and runaway regulation,” Cause of Action Institute counsel Ryan Mulvey said.

“These fishing families and all those seemingly living at the mercy of Washington deserve better,” he said. “Cause of Action Institute has always fought on behalf of vulnerable Americans, and we’re hopeful this case will provide the vehicle to end Chevron deference.”

“We are delighted that the Court took this case not only to potentially deliver justice to these fishermen, but also to reconsider a doctrine that has enabled the widespread expansion of unchecked executive authority. We look forward to our day in court,” Clement said.

“We are grateful to the Supreme Court for taking our case. Our way of life is in the hands of these justices, and we hope they will keep our families and our community in mind as they weigh their decision,” said Bill Bright, a New Jersey fisherman and plaintiff in the case.

Cause of Action Institute has compiled background information here, including links to filings, amicus briefs, and a short video featuring interviews with the NJ fishermen.

Additional coverage:

New York Times: Supreme Court Takes Up Case That Could Curtail Agency Power to Regulate Business

Associated Press: Supreme Court to decide case on government power

Roll Call: Supreme Court to decide major case on federal rulemaking power

E&E News: Supreme Court grants case that could end Chevron doctrine