The Doctrine of Chevron and its Impact on Separation of Powers

The doctrine of Chevron states that when a regulatory statute is ambiguous and the court could decide the question, it should defer to the agency's interpretation of the law. This undermines separation of powers as it allows executive agencies to make and enforce laws, bypassing the role of Congress. It also diminishes the power of the courts to independently interpret laws. The upcoming case, Lopera-Brite, could potentially overturn or narrow Chevron, which would restore the courts' authority in interpreting statutes and limit the power of executive agencies.