Alan Dershowitz to Newsmax: Chevron Ruling 'Not a Final Decision'

Alan Dershowitz (Getty Images)

By    |   Wednesday, 03 May 2023 03:40 PM EDT ET

Harvard Law School emeritus professor Alan Dershowitz told Newsmax on Wednesday that a ruling by the Supreme Court that overturns the Chevron doctrine wouldn't be a "final decision" on the matter.

Dershowitz remarked on the Supreme Court's decision to hear the case Loper Bright Enterprises v. Raimondo, which could overturn the Chevron doctrine, a precedent set in the 1970s that says courts should defer to federal agencies in legal matters that involve an ambiguous statute set by Congress.

Dershowitz said on "John Bachman Now" that "The Supreme Court decision on the Chevron doctrine is very important, but it could essentially be overruled by Congress … because the Chevron decision basically says that you defer to the executive agencies unless Congress tells you not to. So the ultimate power is in Congress."

He continued: "So although this Chevron decision is very important, it sends the power back to Congress. But Congress can agree with the administrative agency, so it is very important, but it's not a final decision like overruling Roe v. Wade was."

Dershowitz went on to address the controversy over Supreme Court ethics involving Justice Clarence Thomas. When asked about Sen. Dick Durbin, D-Ill., who called for Thomas to testify before Congress, Dershowitz accused the "left-wing" of wanting to "delegitimate the court and reduce its power."

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Harvard Law School emeritus professor Alan Dershowitz told Newsmax on Wednesday that a ruling by the Supreme Court that overturns the Chevron doctrine wouldn't be a "final decision" on the matter.
alan dershowitz, supreme court, chevron doctrine
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2023-40-03
Wednesday, 03 May 2023 03:40 PM
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