SpaceX has been using similar tactics in its battles against federal regulators. For example, when the National Labor Relations Board accused the company of firing workers for criticizing Elon Musk, SpaceX fought back by claiming that the agency’s structure is unconstitutional. The recent overturning of the Chevron doctrine is expected to lead to more legal battles, according to Berin Szoka, director of TechFreedom. One example is the FTC’s decision to ban non-compete clauses, which could now be challenged without the deference previously provided by Chevron.
Another ruling that might face challenges is the Federal Communications Commission’s decision to reinstate net neutrality rules. The FCC cited Chevron as the basis for its authority to bring back these rules. This change in the legal landscape could result in confusion in lower courts regarding how much weight to give regulators’ decisions. It may also lead to more cases reaching the Supreme Court for further clarification.
The implications of these rulings could be significant, particularly in the context of potential changes in leadership. Szoka suggests that if agencies are filled with individuals who are loyal to the president, courts deferring to their decisions could be problematic. This could result in other countries taking the lead in regulating tech companies, potentially leaving the US behind in important areas like antitrust and competition policy.
With the demise of Chevron, there is a possibility for Congress to intervene by legislating a similar level of deference to regulators. However, as legal expert Vladeck points out, it is challenging for Congress to overturn a Supreme Court precedent. Even if Congress were to pass a law reinstating the Chevron rule, the court might not uphold it.
Overall, the recent Supreme Court rulings have shifted the balance of power, giving more authority to the courts and undermining the federal government’s control. This change has led to what Vladeck describes as an “imperial court.” The US legal landscape is evolving, and how these changes will impact various industries and regulatory practices remains to be seen.
