Legislation introduced Tuesday in the Senate would override the Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo to overturn the so-called Chevron doctrine, which held that US courts should give substantial deference to federal agency decisions.
The bill, introduced by Sen. Elizabeth Warren (D-MA), is supported by Sen. Bernie Sanders (I-VT) and Democratic Sens. Richard Blumenthal (CT), Cory Booker (NJ), Mazie Hirono (HI), Ben Ray Lujan (NM), Ed Markey (MA), Jeff Merkley (OR), Chris Van Hollen (MD), Peter Welch (VT) and Ron Wyden (D)
Rep. Pramila Jayapal (D-WA) introduced similar legislation in the House of Representatives earlier this month.
As McKnight’s previously has reported, the Supreme Court ruling potentially affects almost every US agency, among them the Department of Labor and its Wage and Hour Division and Occupational Safety & Health Administration, the US Equal Employment Opportunity Commission, the Federal Trade Commission, the National Labor Relations Board and the Centers for Medicare & Medicaid Services, all of which have issued several rules affecting long-term care providers.
Abandonment of the so-called Chevron doctrine likely will have implications for almost every US industry, including nursing homes, which are facing a nursing home staffing mandate now being challenged in court.
“Giant corporations are using far-right, unelected judges to hijack our government and undermine the will of Congress,” Warren said in a statement Tuesday. “The Stop Corporate Capture Act will bring transparency and efficiency to the federal rulemaking process, and most importantly, will make sure corporate interest groups can’t substitute their preferences for the judgment of Congress and the expert agencies.”
The Loper Bright decision could present “far-reaching implications that harm Americans,” Booker said. “We must act now to forestall the devastating effects of this decision that prevents the federal government from addressing current and future challenges.”
Earthjustice Vice President of Policy and Legislation Raúl García stated that the Stop Corporate Capture Act “rightly remedies an egregious power grab from the US Supreme Court while creating a more transparent and equitable federal rulemaking process.”
Warren and Markey in June introduced a bill they say is meant to “root out corporate greed and private equity abuse” in nursing homes, assisted living communities, home health agencies, hospices and other “healthcare entities.”
