Congress urged to reclaim legislative power after Supreme Court's Loper decision

The U.S. House Committee on Veterans' Affairs held a Full Committee Oversight Hearing on December 19, 2024, focusing on the legislative responsibilities of Congress and the implications of recent court rulings on federal agency authority. The meeting underscored concerns about the increasing power of unelected bureaucrats and the need for Congress to reclaim its lawmaking authority.

A significant point of discussion was the impact of the 1984 Chevron USA Inc. v. Natural Resource Defense Council Inc. ruling, which allowed federal courts to defer to agency interpretations of ambiguous laws. Critics argued that this has led to a decline in legislative clarity and accountability, contributing to a rise in national debt from 40% of GDP in 1984 to 121% today. Members expressed frustration over the current administration's use of this precedent, particularly regarding policies perceived as overreaching, such as the handling of student loans and abortion services within the Veterans Affairs (VA) framework.

The recent Supreme Court decision in Loper Bright Enterprises v. Raimondo was highlighted as a corrective measure, signaling that federal courts should not automatically defer to agency judgments. This ruling was seen as a call for Congress to draft clearer legislation that minimizes the potential for bureaucratic overreach. Committee members emphasized the importance of legislators taking responsibility for their laws, rather than relying on agencies to interpret vague statutes.

Professor Sclateri, who provided testimony, noted that the Loper ruling could incentivize Congress to produce more precise legislation. He argued that the political landscape has shifted, making it essential for lawmakers to engage in the hard work of crafting clear laws, as they can no longer depend on agency interpretations that may align with their interests.

The committee also discussed the need for tighter legislative language and the elimination of deference to agencies, particularly within the VA. Members called for a more rigorous approach to lawmaking, urging Congress to avoid vague statutes that could lead to misinterpretation and misuse by bureaucrats.

In conclusion, the hearing highlighted a critical moment for Congress to reassess its role in lawmaking and to ensure that future legislation is clear and accountable, thereby reducing the potential for executive overreach and restoring the balance of power within the federal government.