Supreme Court Justice to Sit Out High Stakes Case

The Supreme Court will consider overturning a high stakes case that could elevate businesses to an equal playing field as their regulatory agencies, but one justice won't be present for the decision.

On Monday, the Court agreed to reconsider its ruling in Chevron v. Natural Resources Defense Council. The ruling in Chevron defers to a federal agency's interpretation of an ambiguous statute given that the interpretation is reasonable. The topic is again appearing before the Supreme Court after Loper Bright Enterprises, a New England fishing company, sued National Marine Fisheries Service, its regulating agency, after the agency decided that the fishing company must pay for a monitor staffed onboard to ensure the fishing company follows federal regulations.

Loper Bright Enterprises sued last year, saying that there was no statute that clearly stated the fishing company must pay for the monitor. A Washington, D.C., Circuit Court of Appeals ruled in the National Marine Fisheries Service's favor, citing Chevron, but one judge dissented.

Administrative law has long been contested among conservatives and liberals. In the case of Chevron, conservatives aim to limit the power of federal agencies whereas liberals argue that Chevron is necessary for the administrative state. The conflicting beliefs are expected to come to a head when the Court reconsiders its ruling on Chevron in the fall, with a ruling likely coming in 2024. However, Justice Ketanji Brown Jackson—one of only three liberals on the nine-justice Court and the Court's newest justice—won't be voting in the ruling, a decision that has some people questioning the reason behind her recusal.

Why Did Jackson Recuse Herself?

Jackson recused herself because she was part of the circuit court that first heard the case. She did not rule on the case, as she was appointed to the Supreme Court before the ruling and the judge's dissent last year. Her recusal is prompting questions and concerns from the public, with some speculating that the Court chose this case to reconsider Chevron knowing that Jackson would recuse herself.

When a justice sits out of a decision, a replacement justice cannot be appointed. Regarding the Chevron ruling, only eight justices will deliberate.

Newsweek reached out to the Supreme Court's public information office by email for comment.

What Happens if Chevron Is Overturned?

Under the Chevron deference, if an agency's interpretation of a statute is considered reasonable, the decision lies in the agency's hands. But if overruled, the businesses regulated by agencies would be elevated to the agency's equal. The businesses would also be more likely to win in court when challenging an agency's ruling.

Criticism And Speculation on the Court Hearing the Case

Some members of the public, specifically on social media, who are critical of the overturn of Chevron said that if overruled, government would cease to exist.

Twitter user @JazzyMinx called the situation "the death blow from unelected, unaccountable Supreme Court crooks."

"You had better believe that they chose this case knowing full well that Jackson would recuse. They didn't want her powerful pen in dissent. I assume she recused b/c of DC Circuit involvement. Might be worth reviewing her words there," Twitter user @cen271 tweeted.

"I question the wisdom of agreeing to hear this case. For one, the question has reached the Supreme Court many times and been turned away. What changed? And if things have changed, why hear the one where Ketanji Brown Jackson will be recused? I'd like to know her views on this," legal journalist Cristian Farias tweeted.

Farias went on to tweet that conservative Justice Neil Gorsuch has long worked to "[undermine] agencies and regulatory authority," and that by accepting the case, the conservative justices are continuing their agenda.

The Court's blog also identified Justice Clarence Thomas, who has recently been scrutinized for accepting lavish trips from GOP mega donor Harlan Crow without disclosing them, of being critical of Chevron.