The End of the Chevron Doctrine Is Bad for Business

We believe, rather, that the court’s rulings will suppress business investment in unintended ways, leading to less innovation and reduced competitive advantage for U.S. businesses. This will be especially true for start-ups working with new and emerging technologies, including AI, cryptocurrency, biotech, and renewable energy. That’s because business investment will now take place against the backdrop of what we call the “judicial veto,” where a wide range of potential litigants and sympathetic judges will decide which regulations actually go into effect, and when. For business leaders, that will translate to an investment climate that is not “more predictable and stable,” but less, with uncertain outcomes, timeframes, and an edge for established businesses with the experience and the cash to stifle competition through the courts.