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FGA Files Amicus Brief in SCOTUS Case Challenging the Undue Deference Given to Unelected Agency Bureaucrats in the Courts

“Chevron deference has been stretched to the breaking point. FGA is seeking to rebalance the scales of justice by returning the power to interpret the law back to where it belongs, the courts, and taking it out of the hands of unelected agency bureaucrats.”

NAPLES, FL Today, the Foundation for Government Accountability (FGA) filed an amicus brief in the Supreme Court case Loper Bright Enterprises, et. al. v. Raimondo (Loper). In the amicus, FGA argues that courts should be responsible for interpreting the meaning of ambiguous statutes, not the federal agencies that derive their power from them. The only way to truly accomplish this goal and restore constitutional order is by overruling Chevron.

Chevron deference is a legal doctrine that generally requires federal courts to defer to an agency’s interpretation of an ambiguous statute so long as the interpretation is reasonable. It has emboldened agencies to unilaterally expand their power, accelerated the growth of the administrative state, weakened Congress and encouraged it to punt difficult political questions to unelected bureaucrats, and significantly undermined personal liberty.

“For nearly 40 years, unelected bureaucrats have used Chevron to expand their power, slowly but steadily diminishing more and more opportunities to achieve the American Dream. FGA is fighting to restore the separation of powers and system of checks and balances the Framers of our Constitution created—something which should have never been eroded,” said Stewart Whitson, legal director for the Foundation for Government Accountability. “Agency bureaucrats have stretched deference to the breaking point. Our amicus asks the Court to rebalance the scales of justice by reclaiming its authority to interpret the law, taking that power out of the hands of unelected agency bureaucrats.”

Overruling Chevron would streamline judicial review and restore the separation of powers while promoting consistency and predictability in the application of law. It would simplify litigation, reduce costs, and return responsibility for interpreting statutes to the judiciary, where it belongs.

“Individuals, workers, and small businesses are already at a disadvantage when going up against a federal agency in court. They shouldn’t also have one arm tied behind their back,” said Stewart Whitson, legal director for the Foundation for Government Accountability. “The Loper case creates a perfect opportunity to overrule Chevron and dismantle the broken structure executive agencies are increasingly using to claim sweeping new power Congress never gave them.”


The Foundation for Government Accountability (FGA) is a non-profit, multi-state think tank that promotes public policy solutions to create opportunities for every American to experience the American Dream. To learn more, visit

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