By Josh Hammer
For the third straight year, the U.S. Supreme Court has overturned a major progressive precedent that had long been targeted by the conservative legal movement.
In 2022, Dobbs v. Jackson Women's Health Organization overturned the barbaric abortion regime of Roe v. Wade. In 2023, Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina overturned the "systemic racism" of race-conscious admissions programs in higher education, which were previously given legitimacy in Grutter v. Bollinger and Regents of the University of California v. Bakke. And last month, Loper Bright Enterprises v. Raimondo proved to be the demise of the administrative state-emboldening "Chevron deference," which stems from the eponymous 1984 case.
The presidential immunity decision of Trump v. United States stole all the popular headlines, but the death of Chevron was the result this term that the conservative legal movement has long desired.
To be sure, "Chevron deference" deserved its firm rebuke. In demanding that courts defer to agencies' "reasonable" interpretations of "ambiguous" statutes, Chevron violated both the Administrative Procedure Act text and Chief Justice John Marshall's foundational directive, in Marbury v. Madison, that "it is emphatically the province and duty of the judicial department to say what the law is." Our Constitution's separation of powers and the sinews of republican self-governance are both healthier with Chevron dead. | 
Posts
