The recent U.S. Supreme Court actions, particularly the overruling of the Chevron doctrine, have sparked discussions about the implications for federal agencies and their regulations. To gain insight into these developments, TDN spoke with Lucinda Finley, a constitutional law expert from the University of Buffalo Law School.
The Chevron doctrine, established in 1984, allowed federal agencies significant latitude in interpreting and implementing laws passed by Congress. The Supreme Court's decision to overrule this doctrine means courts will no longer defer to an agency's expertise when interpreting laws. However, Finley noted that this change does not directly affect the constitutional challenges to the Horseracing Integrity and Safety Act (HISA), which focuses on broader structural issues rather than specific rules.
While the immediate constitutional challenges to HISA are not impacted by the Chevron ruling, the overruling could affect future legal challenges to specific HISA regulations. Without the Chevron deference, judges could more readily substitute their judgment for that of the agency, potentially leading to increased litigation over particular rules.
Finley highlighted the importance of HISA remaining flexible and receptive to feedback from horsemen’s advisory groups. This approach could help mitigate potential legal challenges by addressing concerns through adjustments to rules before they become officially promulgated.
The Supreme Court’s decision not to review the Sixth Circuit's ruling, which upheld HISA's constitutionality, was expected due to the lack of conflicting decisions from other federal appellate courts. However, if the Fifth or Eighth Circuit courts rule differently, creating a conflict, the Supreme Court would likely take up the case to resolve the discrepancy.
The absence of Chevron's guidance leaves a period of uncertainty for federal regulations, including HISA's. How judges will evaluate the validity of agency rules in this new landscape remains to be seen, affecting not just horse racing regulations but all federal health and safety regulations.
This conversation with Finley underscores the complexities and evolving nature of the legal landscape surrounding federal agency regulations, and the specific challenges faced by HISA in ensuring its rules withstand judicial scrutiny.