Will This Conservative Legal Doctrine Undo Trump’s First Months in Office?

As President Donald Trump nears the end of his first year in office, his administration has faced numerous legal challenges and controversies. From the travel ban to the investigation into Russian interference in the 2016 election, Trump’s presidency has been marked by legal battles and court rulings that have tested the limits of executive power.

One legal doctrine that could potentially undo some of Trump’s actions during his first months in office is the Chevron deference. Chevron deference is a legal principle that requires courts to defer to an agency’s interpretation of a statute if the statute is ambiguous and the agency’s interpretation is reasonable. This doctrine has been a cornerstone of administrative law for decades, giving federal agencies significant leeway in interpreting and implementing laws passed by Congress.

However, some conservative legal scholars and judges have criticized Chevron deference as an overreach of executive power and a threat to the separation of powers. These critics argue that Chevron deference allows agencies to effectively make and enforce laws without proper oversight from Congress or the courts.

In recent months, there has been a growing movement among conservative judges to limit or even overturn Chevron deference. Justices Neil Gorsuch and Clarence Thomas, both appointed by Republican presidents, have expressed skepticism of the doctrine in their opinions and speeches. In a recent speech, Justice Gorsuch called Chevron deference a “judge-made doctrine for the abdication of the judicial duty.”

If the Supreme Court were to overturn Chevron deference, it could have significant implications for Trump’s first months in office. Many of the controversial policies and executive orders issued by the Trump administration have relied on agency interpretations of statutes, such as the travel ban and the rollback of environmental regulations. Without Chevron deference, these actions could be subject to greater scrutiny and challenge in the courts.

In addition, the Trump administration’s efforts to deregulate various industries and roll back Obama-era policies could also be affected by a weakening of Chevron deference. Without deference to agency interpretations, these regulatory changes could face more legal hurdles and delays.

Ultimately, the fate of Chevron deference and its potential impact on Trump’s first months in office will likely be decided by the Supreme Court. With a conservative majority on the Court, there is a real possibility that the doctrine could be limited or overturned in the near future. If that were to happen, it could have far-reaching consequences for the balance of power between the executive branch, Congress, and the courts. Only time will tell how this legal doctrine will shape the future of the Trump administration.