The Autistic Self Advocacy Network (ASAN) condemns the United States Supreme Court ruling on two combined cases, Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The decision overturns a decades-old legal principle known as the Chevron Doctrine, which gives federal agencies the authority to reasonably interpret ambiguous laws when they create federal regulations. These regulations are made legally binding through a rulemaking process that is shaped by the public servants within federal agencies, the input of subject area experts across fields, and anyone who chooses to share their opinion. Instead, federal courts will now have the final say in circumstances where knowledge of highly specialized, complex, and technical issues is required. This ruling will weaken the regulatory authority of all federal agencies, including the Departments of Labor (DOL), Education (ED), Health and Human Services (HHS), the Social Security Administration (SSA), the Environmental Protection Agency (EPA), and the Food and Drug Administration (FDA).
Federal agencies create regulations or rules that fill in the gaps of laws intended to protect disability rights, civil rights laws, housing, healthcare, and more. The overturning of Chevron and the deference it gives to the courts will have devastating impacts on all marginalized people, including disabled people and particularly disabled people of color. Often, these rules concern subjects well outside of the scope of legal training, including, as Marissa Ditkowsky noted, drug safety evidentiary standards, eligibility criteria for public benefits, the threshold for disability discrimination, or guidance around worker protections. This change will lead to inconsistent and conflicting adjudication across the country, driving avoidable litigation, confusion, and decisions that do not work well for the people they affect. These harms will fall disproportionately on marginalized people, including the disability community. As the American Cancer Society explained in its amicus brief, “The resulting uncertainty would be extraordinarily destabilizing, not just to the Medicare and Medicaid programs but also – given the size of these programs – to the operational and financial stability of the country’s health care system as a whole.” The same can be said for programs within DOL, ED, SSA, and many other federal agencies. This decision is also undemocratic, moving crucial decisions out of a process where the public has an opportunity to weigh in and into the purview of the courts.
This decision invites challenges to the forty years of legal precedents relying on Chevron. While these cases and the existing Code of Federal Regulations are not automatically overturned by Loper and Relentless, many will be challenged in the months and years to come. Future regulations are also under threat. Agencies may be less ambitious in fulfilling their mandates, protecting the public, and using taxpayers’ resources well in the face of increased risk that courts will undo their work. The endangered regulations include the Home and Community Based Services (HCBS) Settings Rule, the final rule implementing Section 504 of the Rehabilitation Act, the final rule implementing Title IX of the Education Amendments, and the final rule regarding section 1557 of the Affordable Care Act (ACA).
ASAN echoes the demands of the American Federation of Teachers (AFT): “Congress should urgently enact Chevron deference into law by passing the Stop Corporate Capture Act (H.R. 1507), a comprehensive blueprint for modernizing, improving and strengthening the regulatory system. That would ensure public input into regulatory decisions, promote scientific integrity and restore our government’s ability to help the workers and consumers it is meant to serve.”
ASAN will fight to safeguard federal agencies’ ability to protect the people we serve. We will continue to do what we always have: defend the rights, health, services, safety, and well-being of all people with disabilities.
Here are statements on this issue from our allies:
- Democracy Forward
- National Health Law Program (NHeLP)
- National Education Association (NEA)
- American Federation of Teachers (AFT)
The Autistic Self Advocacy Network (ASAN) is a national grassroots disability rights organization run by and for autistic people. We believe that the goal of autism advocacy should be a world in which autistic people enjoy equal access, rights, and opportunities. ASAN works to make sure autistic people are included in policy-making, so that laws and policies meet our community’s needs. Our members and supporters include autistic adults and youth, cross-disability advocates, and non-autistic family members, professionals, educators, and friends.