New Clarence Thomas Report Throws Wrench in Upcoming Supreme Court Case

A new report published by ProPublica on Friday has raised questions about whether Justice Clarence Thomas should recuse himself from deciding Loper Bright Enterprises v. Raimondo this upcoming Supreme Court term.

The case, brought by a family-owned herring fishing company operating in New England waters, is asking the court to overturn its 1984 landmark decision in Chevron v. Natural Resources Defense Council. The court is expected to hear oral arguments in the October 2023-2024 term.

In Loper Bright Enterprises, commercial fishermen are arguing that the National Marine Fisheries Services (NMFS) lacks authority to force fishermen to pay for the salary of compliance monitors who are required to be allowed onto herring fishing boats. Because both the U.S. Court of Appeals for the District of Columbia Circuit applied the Chevron doctrine—which compels federal courts to defer to a federal agency's interpretation of an ambiguous or unclear statute—the 1984 legal precedent is also coming into question.