A group of senators led by Sen. Elizabeth Warren (D-Massachusetts) has introduced a bill to combat the Supreme Court’s seismic pro-corporate decision last month to overturn a precedent known as Chevron deference that has enabled federal agencies to issue regulations for decades.
Ten senators joined Warren on Tuesday in introducing the bill that would codify the Chevron doctrine and reform regulatory processes to make them more transparent and streamlined.
For four decades, judges have cited Chevron deference in allowing agencies and their experts to interpret laws to make rules regarding a wide range of topics, including labor rights, environmental protections, public health, food safety, and more. Ensuring that Chevron, which has been cited in over 19,000 judicial opinions, is law would prevent what experts said will be years of corporations suing to overturn a wide swath of regulations that protect the public and cut into profits.
On top of codifying Chevron, the bill would create an office to give the public more participation in agencies’ rule proposals and mandate that agencies respond to public petitions on rules that garner at least 100,000 signatures. It would also create a time limit for regulatory review and expand the parameters that agencies must use in cost-benefit calculations for a rule to include less quantifiable characteristics like combating discrimination.
“Giant corporations are using far-right, unelected judges to hijack our government and undermine the will of Congress,” Warren said in a statement. “The Stop Corporate Capture Act will bring transparency and efficiency to the federal rulemaking process, and most importantly, will make sure corporate interest groups can’t substitute their preferences for the judgment of Congress and the expert agencies.”
The bill was originally introduced in 2021 by Rep. Pramila Jayapal (D-Washington). Right-wing and corporate interests have worked for many years to overturn Chevron, including by lobbying conservative justices on the subject. The Supreme Court decision last month was a major win for these groups.
The bill has been cosponsored by prominent lawmakers like Senators Bernie Sanders (I-Vermont) and Ed Markey (D-Massachusetts) as well as dozens of advocacy organizations and labor unions like the AFL-CIO and UAW. The groups, whose specializations range across a wide variety of topics, say that the Supreme Court decision severely tilts the scales of power toward corporations who can now essentially pollute, abuse consumers, and more, challenging regulations made to protect the public.
“In striking down Chevron, the Supreme Court continued the trend toward transforming unaccountable judges into politicians with robes — unelected legislators and policymakers,” said Sen. Richard Blumenthal (D-Connecticut), one of the bill’s sponsors. “Our measure is vital to preserving expert regulation and oversight, accountable to elected representatives, and preventing giant corporations and wealthy titans from exploiting power.”
The bill is just one of several measures Democrats have taken in recent weeks to combat a slew of extremist Supreme Court decisions. Earlier this month, Senate Majority Leader Chuck Schumer (D-New York) said that Democrats are preparing legislation to combat the Supreme Court’s extremist presidential immunity decision that would ensure that Donald Trump can be prosecuted for his role in stoking the attempted coup on January 6, 2021.
Other Democrats have taken even stronger moves to combat the unprecedented corruption on the court. Rep. Alexandria Ocasio-Cortez (D-New York) filed articles of impeachment against Supreme Court Justices Clarence Thomas and Samuel Alito earlier this month, saying that both of them have clearly been incentivized by special interests to issue rulings favoring conservatives and the far right.
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