Courts to Rule on Agency Powers: The Kiplinger Letter
The scope of agency power is under the spotlight in cases in the Supreme and Federal Courts.

Decisions made by the judiciary can have a major impact on the economy, industry and therefore on your personal finances. Given its importance, our highly experienced Kiplinger Letter team produces regular updates on key events in this space.
Our experienced Kiplinger Letter team will update you on all the important developments (Get a free issue of The Kiplinger Letter or subscribe). You will always get updates first by subscribing, but we will publish many (but not all) of the forecasts a few days afterward online. Here’s the latest…
The Supreme Court will consider whether to topple the Chevron doctrine in a blockbuster case later this year. A quartet of N.J. fishing companies are asking SCOTUS to overturn a 1984 ruling that courts should defer to agencies when they offer a reasonable interpretation of an unclear legal statute.

Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
While the high court has already weakened Chevron in previous rulings, overturning the doctrine would still result in a huge regulatory shake-up, imperiling not just future rules, but ones that have been on the books for years.
Lower courts would be even better able to clip an agency’s wings. And Congress would play an even greater role in setting the template for executive branch regs, possibly resulting in even more specific legal statutes.
The justices have agreed to hear a related case on the constitutionality of the funding system of the Consumer Financial Protection Bureau (CFPB). Both cases will be part of the Supreme Court’s next term, which starts in October.
Appeals court to determine if occupational safety rules are legal
Keep an eye on a related case now working through the Federal Courts. An appeals court will soon decide the legality of safety rules by OSHA (the Occupational Safety and Health Admin) covering hazards ranging from falls to electrocution, in response to a challenge brought by an Ohio contractor.
The basic question is whether Congress delegated too much authority to OSHA when it passed the Occupational Safety and Health Act in 1970. The law specifies that OSHA rules should be “reasonably necessary or appropriate to provide safe and healthful employment and places of employment,” a purview that critics say is too broad and should have been narrowed by lawmakers.
History is on OSHA’s side
Defenders of OSHA say this is needed to take the best advantage of the agency’s technical expertise.
History is likely on OSHA’s side. Courts have previously set limits on the agency’s rulemaking authority without invalidating it completely. For example, OSHA can issue only regulations that are “economically [and] technically feasible.” This lawsuit does not challenge OSHA health rules. The Supreme Court has already upheld the agency’s authority to issue such regulations, within limits.
This forecast first appeared in the Kiplinger Letter, which has been running since 1923 and is a collection of concise weekly forecasts on business and economic trends, as well as what to expect from Washington, to help you understand what’s coming up to make the most of your investments and your money. Subscribe to the Kiplinger Letter or try a free issue.
Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.
The Kiplinger Letter editors are a team of seasoned reporters and editors who specialize in different subject areas. They uncover emerging trends and foresee future developments that will affect the economy, financial markets, specific industries, and ultimately, your business, investments and financial affairs. For over a century the Kiplinger Letter's team has provided concise weekly forecasts on business and economic trends, as well as what to expect from Washington.
-
Stock Market Today: Stocks Step Back From New Highs
Investors, traders and speculators continue the low-volume summer grind against now-familiar uncertainties.
-
Ask the Editor — Tax Questions on the New Senior Deduction
Ask the Editor In this week's Ask the Editor Q&A, we answer tax questions from readers on the new $6,000 deduction for taxpayers 65 and older.
-
Breaking China's Stranglehold on Rare Earth Elements
The Letter China is using its near-monopoly on critical minerals to win trade concessions. Can the U.S. find alternate supplies?
-
Things that Surprise Business Owners When It’s Time to Sell
The Kiplinger Letter When it’s time to retire and enjoy the fruits of growing their business, owners are often surprised by how tough it is to give up their baby!
-
What New Tariffs Mean for Car Shoppers
The Kiplinger Letter Car deals are growing scarcer. Meanwhile, tax credits for EVs are on the way out, but tax breaks for car loans are coming.
-
AI’s Rapid Rise Sparks New Cyber Threats
The Kiplinger Letter Cybersecurity professionals are racing to ward off AI threats while also using AI tools to shore up defenses.
-
Blue Collar Workers Add AI to Their Toolboxes
The Kiplinger Letter AI can’t fix a leak or install lighting, but more and more tradespeople are adopting artificial intelligence for back-office work and other tasks.
-
America's Surprising Strengths in Manufacturing and Exports
The Kiplinger Letter Despite common perceptions that the U.S. doesn't build things anymore, American factories are still hard at work. A special report from The Kiplinger Letter.
-
Will State Laws Hurt AI’s Future?
The Kiplinger Letter Republicans in Congress are considering a moratorium on state AI laws. But it’s likely a growing patchwork of state AI regulations will be here for a while.
-
AI Goes To School
The Kiplinger Letter Artificial intelligence is rapidly heading to K-12 classrooms nationwide. Expect tech companies to cash in on the fast-emerging trend.