When we think of monumental Supreme Court decisions, we usually think about cases that fuel the culture war, such as abortion, affirmative action, marriage or racial equality. To our detriment, we often ignore those cases regarding business.
The justices recently heard arguments for two corporate cases dealing with herring fisheries: “Loper Brist Enterprises v Raimondo” and “Relentless, Inc v Department of Commerce.” Although highly technical, the decisions rendered in the cases this coming June could have devasting consequences on how government agencies set and enforce regulations on businesses. This could affect our environment, food, medicine and transportation.
Trump’s conservative-leaning Supreme Court also stands ready to overturn the 1984 “Chevron v Natural Resources Defense Council” decision. This case determined that when a law enacted by Congress appears dubious, the Court will accept what has become known as the “Chevron deference.” This allows the law’s interpretation by government agencies with the most expertise in the subject to take precedence.
Hence, agencies such as the Environmental Protection Agency can establish and implement complex environmental regulations affecting corporations that are not explicit in the laws established by Congress.
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