Today, Congresswoman Harriet Hageman introduced a bill in Washington, D.C., to prevent the codification of Chevron deference by the District of Columbia. This legislative effort aims to stop unelected bureaucrats from interpreting and enforcing laws without sufficient judicial oversight.
“Washington, D.C.’s effort to codify Chevron deference is a direct response to the Supreme Court’s recent decision overturning Chevron and is nothing more than a political maneuver to give more power to unelected bureaucrats,” stated Hageman. “My bill ensures D.C. courts maintain their independence and upholds the principle that judges, not agencies, should interpret the law when there is a dispute. We cannot allow the administrative state to circumvent the Constitution by granting agencies unchecked power.”
The proposed legislation emphasizes Congress’s role in overseeing Washington, D.C., limiting administrative agencies’ reach in changing laws through “interpretation,” and reinforcing that courts must exercise independent judgment in legal interpretations.
This initiative aligns with broader national efforts to protect judicial review, preserve due process for litigants in disputes with the government, ensure agency compliance with written law rather than preferred interpretations, and prevent administrative state expansion. The bill aims to further advance relief achieved in Loper Bright by countering these political maneuvers in Washington, D.C.
Historically, courts have used Chevron deference—a doctrine requiring judges to defer to an agency’s interpretation of statutes—outsourcing their interpretative authority. However, this was overturned by the Supreme Court in Loper Bright Enterprises v. Raimondo, which mandated independent court interpretation of laws.
In March, the D.C. Council enacted a temporary measure requiring courts to defer to mayoral and agency interpretations until October 18. This move seeks to incorporate deference into law explicitly but undermines elected officials’ authority and judicial independence.
Chevron deference has been criticized for undermining judicial independence by favoring administrative agencies over citizens and businesses while allowing real-time law rewriting by agencies. Mayor Bowser and the D.C. Council’s support for this proposal highlights its political motivation aimed at consolidating power rather than serving public interests.
