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Abstract

The Supreme Court’s Loper Bright decision, doing away with Chevron deference, set the stage for a reordering of the relationship between Congress and the Executive Branch. Long opposed by congressional Republicans, the Chevron regime empowered agencies at the expense of Congress and made the business of legislating harder. Its demise is already having positive effects on how Congress approaches legislation consistent with constitutional principles. Insofar as a post-Chevron world requires regulatory gap filling by Congress, existing legislative tools available to committees of jurisdiction and congressional leadership should be able to respond to that need. Further congressional reform would be premature until courts and agencies work out the full effects of Loper Bright.