Hearings to examine Congress's role in the regulatory landscape.
Senate Subcommittee on Government Operations and Border Management
2025-07-30
Source: Congress.gov
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Hey, good afternoon, everybody. I am pleased to gavel in the second hearing of the Subcommittee on Border Management, Federal Workforce, and Regulatory Affairs. And today is a regulatory affairs conversation. This subcommittee has very broad jurisdiction, ranging from border security, operations in the federal workforce, the world of regulatory affairs. In our first hearing that we had, we examined how to secure our borders while facilitating still safe, efficient travel as millions around the world prepare to gather with us to celebrate the 2026 World Cup. America's 250th birthday upcoming next year, and the 2028 Los Angeles Olympics, which are really the 2028 Oklahoma City Olympics, because we also have two events there. Today, we'll turn our focus to another topic in our regulatory affairs authority, Congress's role in the regulatory landscape post-Chevron. During my time in Congress, I've chaired several hearings on regulatory affairs and the need for stronger congressional oversight of the administrative state. However, this hearing is a little different. For 40 years, the Chevron deference has guided the courts to defer to agencies' interpretations of ambiguous statutes, often at the expense of congressional intent. That era is now over. June 28, 2024, in the Loper-Bride Enterprises v. Raimondo, the Supreme Court overturned Chevron. And in doing so, the court restored a fundamental principle that it's the job of Congress to not unelected bureaucrats to write the nation's law. It's also the job of the courts to say what the law is, not the agency. More than a year later, courts, scholars, and policymakers continue to unpack the direction which the new regulatory world operates. The purpose of today's hearing is to not just simply reflect on the decision, but to chart a clear path forward on what Congress must do. We will explore how Congress must adapt its legislative function in light of Loper Bright, Ambiguity is no longer a shield to allow administrative agencies to determine what the law means. We must examine the tools of Congress to rein in the regulatory overreach and provide a clear and stable framework for Americans to live and do business free of the ever-shifting whims of any agency decision in Washington.
We'll also discuss the change of the standard of judicial review. After Chevron, how courts will interpret unclear statutory language is still unresolved. What sort of deference, if any, will courts give to agencies? Finally, we'll consider the impact of the recent corner post decision issued three days after Loeb or Bright. In that case, the court held that the statute of limitations for changing agency actions begins when the plaintiff is injured, not when the rule is issued. This shift has opened the door for new regulated parties to challenge longstanding rules, raising questions about the stability of existing agency interpretations held under Chevron. Today's discussion will help us identify practical reforms to ensure that laws passed by Congress are clear while making sure the administrative state is accountable to the people's elected representatives. I really look forward to hearing from our three distinguished witnesses that are here today. and grateful that you are here. I've had the opportunity to be able to go through your written statements. I appreciate very much, excuse me again, I appreciate very much both your academic work and your research on this, the time and the thought that you put into this, and I appreciate that more than you know as we go into this hearing time. We have three different witnesses before us today, and looking forward to this conversation. Professor Chad Switiri, a professor at Catholic University at America's Columbus School of Law, It's assistant professor of law there, where he serves as the director of Separation of Powers Institute and is a managing director of the Center of the Constitution and the Catholic Intellectual Tradition. Proud of joining the faculty of the Catholic University of America, he practiced law in Washington, D.C. He's also served as special assistant to the United States Secretary of Labor, Eugene Scalia, as well as a law clerk. That's Judge Brooke Smith on the United States Court of Appeal for the Third Circuit. He graduated from Florida State University and the University of Virginia School of Law. I guess OU School of Law wasn't good enough for you, but I'd invite you to be able to come there instead. Professor Susan Dudley from George Washington University. She's the distinguished professor of practice at the Trachtenberg School of Public Policy and Public Administration at George Washington University.
She formerly served as the director of GW's Regulatory Studies Center. From April 2007 to January 2009, Professor Dudley served as the administrator of the Office of Information and Regulatory Affairs in the United States. She is one of the leading voices in this area, and we're very grateful for your time to be able to be here. She directed the regulatory studies program at Mercatus Center at George Mason University, taught courses at George Mason University School of Law. Additionally, Professor Dudley served as an economist in OARA, the EPA Commodities Future Trading Commission. She holds a Master of Science degree from MIT, Bachelor of Science degree from the University of Massachusetts Amherst. Thank you. It's great to see you again. Thanks for your leadership for so many years.
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