Scoop: Top Senate Dem wants new power against SCOTUS
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A top Senate Democrat is introducing a bill to counter a landmark U.S. Supreme Court decision that gives the court significantly more influence over what federal agencies can do, Axios has learned.
Why it matters: Democrats fear that the SCOTUS decision, which overturned its 40-year-old "Chevron deference" doctrine, will hamstring federal agencies' ability to deal with top policy areas, like climate and labor.
- Senate Finance Committee Chairman Ron Wyden's (D-Ore.) bill would give lawmakers the ability to effectively overturn court rulings that undermine the intent of laws passed by Congress granting power to the executive branch.
- Presidents rely heavily on executive actions and federal agencies to carry out much of their agenda. But the SCOTUS decision has thrown that into flux.
- The Chevron decision was another made by the court's conservative majority, outraging Democrats about what they say is judicial overreach.
The big picture: The Chevron ruling is already sending shockwaves through Washington amid questions about how it affects environment, technology and energy regulation.
- And it came after Democrats signed into law sweeping environmental and energy reforms under President Joe Biden's watch.
- Wyden's bill, the "Restoring Congressional Authority Act," would mandate that the judiciary defer to public agencies as they implement laws.
Zoom out: It's part of a wave of Democratic legislation and messaging against the conservative Supreme Court.
- "At every turn, MAGA judges are hellbent on dragging our country backwards," Wyden said in a statement.
- Senate Majority Leader Chuck Schumer (D-N.Y.) this week also introduced a bill that would reverse last month's presidential immunity decision.
- And the court's ruling striking down Roe v. Wade over two years ago remains a top Democratic talking point and policy priority.
Catch up quick: The court's Chevron doctrine, decided in 1984, held that the courts would defer to an agency's interpretation of a law if the underlying law was vague or unclear.
- But conservative justices had increasingly ignored the doctrine over the last few years — and have now given it a kill shot.
Reality check: While Wyden is one of the most powerful chairmen in the Senate, this bill is likely going nowhere. Instead, it's a Democratic messaging play.
- But the measure gives Democrats a starting point on how to deal with the Chevron decision if they are able to win control of the White House and Congress on Nov. 5.
