ERIC GELLER
To protect America’s vital infrastructure from hackers without relying on a moribund Congress, the Biden administration bet big on creative uses of existing laws. But the Supreme Court probably blew up that approach.
President Joe Biden’s strategy relied on agencies interpreting the laws that give them regulatory powers to include cybersecurity, with the expectation that courts would defer to their interpretations of those laws under a decades-old legal doctrine known as Chevron deference.
But in a landmark case decided in late June, Loper Bright Enterprises v. Raimondo, the United States Supreme Court’s conservative supermajority eliminated Chevron deference and ordered courts to determine for themselves what ambiguous laws say—without assigning nearly as much weight to agencies’ interpretations.
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