Congresswoman Hageman Introduces Bill to Stop Washington, D.C. from Codifying Agency Deference

Washington, D.C. – Today Congresswoman Harriet Hageman introduced a bill aimed at halting the District of Columbia's efforts to codify Chevron deference, a practice that would empower unelected bureaucrats to interpret and enforce laws without adequate 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,” Hageman stated. “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 legislation underscores the role of Congress in overseeing Washington, DC and limiting the reach of administrative agencies to substantively change the law through “interpretation,” thereby reinforcing the principle that courts must exercise independent judgment in interpreting the law. 

The bill reflects a broader movement across the country to protect judicial review, preserve due process for litigants in their disputes with the government, require agencies to comply with the law as it is written rather than as they would like it to be, and prevent the growth of the administrative state. Through this legislation, Congress can help advance the relief achieved in Loper Bright by blocking these political efforts in Washington, D.C. 

Background: 

For decades the courts outsourced their interpretative authority pursuant to the judicially created doctrine known as Chevron deference, which required judges to “defer” to an agency’s interpretation of the meaning of statutes. In Loper Bright Enterprises v. Raimondo, the Supreme Court overturned the Chevron deference doctrine, requiring courts to independently interpret the law and curbing unchecked agency power.  

In March, the D.C. Council enacted a temporary law requiring courts to defer to the mayor’s and agencies’ interpretations of the law. This measure, which is intended to remain in effect until October 18, is part of an effort to overtly incorporate the deference doctrine into law, thereby undermining the authority of both elected officials and the judicial branch.  

Chevron deference undermined judicial independence, put the thumb on the scale in favor of administrative agencies and against our citizens and businesses, and allowed agencies to rewrite the law in real time.  Mayor Bowser and the D.C. Council’s support on the proposal make it clear that this move is politically motivated, aiming to consolidate power rather than protect the interests of the public. 

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