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Johnson, Sen. Cruz Lead Supreme Court Amicus Brief in Case Challenging Deference Given to Unelected Bureaucrats

The Brief supports petitioners in the Loper Bright Enterprises v. Raimondo case to rein in the unchecked power of the vast federal bureaucracy

Washington, July 26, 2023

WASHINGTON — This week, U.S. Congressman Mike Johnson (LA-04) and U.S. Sen. Ted Cruz (R-TX), along with 34 of their colleagues, submitted an amicus brief in support of petitioners in the Loper Bright Enterprises v. Raimondo case, set to appear before the U.S. Supreme Court during the Court’s next term.

The case takes aim at Chevron Deference, a legal doctrine established in 1984 by the U.S. Supreme Court that has allowed unelected bureaucrats to subvert Congress’ legislative authority and unconstitutionally limits judicial oversight. Congress’ legislative authority is granted exclusively in Article I of the Constitution.

“This case has the potential to deliver one of the most consequential decisions in a half century,” Rep. Johnson said. “Chevron deference violates both the spirit and the letter of the Constitution and has resulted in a dramatic increase in the size of the federal government. We are very hopeful the Supreme Court will overturn Chevron and restore the balance of power between our three, coequal branches of government.” 

“The Chevron deference gives unelected bureaucrats an enormous amount of leeway in deciding how to interpret the law,” Sen. Cruz said. “Over time, it’s proven to be a harmful precedent because it shifts decision making away from democratically elected members of Congress to the permanent members of the bureaucracy. As a result, we’ve seen a massive expansion of the regulatory state. I’m hopeful that at least five justices will agree to overturn Chevron and return decision making to elected members of Congress the way the Constitution envisioned it.”

Rep. Johnson is joined on the brief by Reps. Cliff Bentz (R-OR), Dan Bishop (R-NC), Ben Cline (R-VA), Byron Donalds (R-FL), Jeff Duncan (R-SC), Scott Fitzgerald (R-WI), Russell Fry (R-SC), Bob Good (R-VA), Lance Gooden (R-TX), Michael Guest (R-MS), Harriet H. Hageman (R-WY), Darrell Issa (R-CA), Ronny Jackson (R-TX), Barry Moore (R-AL), Randy Weber (R-TX), and Daniel Webster (R-FL).

Read more about the Amicus Brief in The Federalist.

Read the full Amicus Brief here.