Jul 01, 2024

NAGE Statement on Loper - Corner Post Supreme Court Cases

Statement on the Supreme Court’s Attack on Federal Agency Powers and a Functioning Government
The Supreme Court's recent decisions in the Loper and Corner Post cases are an unprecedented grab for power by the federal judiciary. By overturning the longstanding precedent of the Chevron deference, which allowed federal agencies, as the subject matter experts, to interpret ambiguous statutes, and by allowing new challenges to old regulations after the statute of limitations has passed, the Court has fundamentally altered the balance of power in administrative law.

These decisions will significantly curtail federal agencies' authority to interpret and implement regulations and open longstanding rules to new litigation. Agencies like the National Labor Relations Board (NLRB), the Federal Labor Relations Authority (FLRA), the Department of Labor (DOL), and the Occupational Safety and Health Administration (OSHA) have been instrumental in protecting workers' rights and ensuring safe working conditions. With their interpretive power restricted by activist courts, agencies will face challenges in responding swiftly and effectively to workers' needs.

For NAGE members and the labor movement, these rulings threaten to undermine decades of progress in securing workers' rights. The decisions may encourage employers to challenge regulations and enforcement actions more aggressively, knowing that courts will no longer defer to agency expertise.

It is more important than ever for the labor movement to stand united. We must push for clear laws that protect workers' rights and continue to advocate fiercely for our members.
Call to Action: Vote in the Upcoming Presidential Election!

The upcoming presidential election will be crucial in determining the future of working people. Electing leaders who support labor is essential to ensuring we can continue to fight for workers' rights. Let's vote for a future where our hard-earned rights are protected and expanded.

I urge every NAGE member to stand strong, and together let’s make our voices heard!

-NAGE National President David J. Holway

We can either have democracy in this country or we can have great wealth concentrated in the hands of a few; but we can't have both. - Supreme Court Justice Louis Brandeis
NAGE HEADQUARTERS 159 Burgin Parkway
Quincy, MA 02169
Main Phone: (617)376-0220
Main Fax: (617)984-5695
Union Local Tax Issues Federal law now requires that every local union file an annual information return—Form 990, 990-EZ, or 990-N—with the IRS. If your local fails to file under this new requirement.. Read more