Washington D.C. – The United States Supreme Court heard oral arguments today in a pair of cases, Loper Bright Enterprises, Inc. v. Gina Raimondo and Relentless, Inc. v. Department of Commerce, that could have wide-sweeping implications for the federal government’s ability to deliver for all people and the separation of powers between the branches of government.   

Democracy Forward President & CEO Skye Perryman issued the following statement regarding today’s oral arguments: 

“The high stakes for people and democracy were on prominent display during the Supreme Court’s oral arguments in Loper Bright/Relentless today, where the Court is being asked to overrule forty years of precedent set forth in Chevron v. NRDC regarding how the federal government operates. A decision to overrule this precedent would create substantial disruptions in the ability of our government to deliver for people and communities throughout the nation. 

“We are encouraged by the concerns expressed by a number of the justices that a decision to overrule Chevron would improperly put courts, as opposed to politically-accountable branches of government, in the position of policymaking. 

“A large coalition of diverse interests, including — as highlighted by the government during oral arguments — organizations representing more than 250,000 small businesses and business interests, have filed briefs with the Court opposing the invitation by the Loper Bright and Relentless petitioners to undermine the functioning of our nation’s federal agencies. We urge the Court to reject an attempt to disrupt decades of legal precedent that would compromise the ability of our government to address pressing issues and implement policies – from standards that protect the air we breathe and rules that safeguard the ability of scientists and experts to make decisions about medications to protections of our rights at work and the ability of small businesses to grow and compete – and open up untold numbers of previously settled regulations to new attacks. 

“Millions of people in our nation rely on Congress and federal agencies to make and implement policies, services, and protections that keep us safe and enable us to thrive. The Court should reject attempts to undermine this long-standing precedent.”

Legal experts from Democracy Forward are available for interviews. Please send media inquiries to team@feldmanstrategies.com.

For more information and background about the cases, please read: 

  • Our ‘Democracy for the People is at Stake” case write-up.
  • An amicus brief filed in the Loper Bright case on behalf of more than 250,000 small businesses who rely on regulatory certainty HERE, and 
  • An amicus brief filed on behalf of physicians and pharmaceutical and regulatory policy experts in the Relentless case HERE