Evidence Matters More than Ever: Congress and the Post-Chevron Challenge

For years the way agencies interpret federal laws using expertise has been given a fair amount of deference by the courts – but that may soon change, with implications for evidence-informed policymaking. In the past, ambiguity was intentional in some aspects of legislation, including related to data policy, technology, and rapidly changing scientific practices. What happens next based on the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo is ambiguous. 

The U.S. Supreme Court's decision this year overturned the longstanding "Chevron deference" doctrine – a 1984 precedent that had courts defer to federal executive agencies in interpreting ambiguous statutes. Chief Justice Roberts' assertion that "agencies have no special competence in resolving statutory ambiguities" challenges decades of administrative practice and also highlights a gap in the federal legislative process.

Agencies and their employees possess expertise in program implementation and executing particular topics. But so too do legislators, committee staff, and experts in the Legislative Branch. Given the breadth of expertise and the clarifying posture of the ruling, the  Court’s decision also presents an opportunity to strengthen evidence-informed policymaking across all branches of government. 

As the July 2024 House Committee on Administration hearing on "Congress in a Post-Chevron World" highlighted, the Court’s decision underscores a timely need for Congress to enhance its own capacity to access, interpret, and use evidence in the legislative process. The proposed bipartisan Congressional Evidence-Based Policymaking Commission (H.Con.R 49) offers one potential path forward, enabling Congress to leverage the wealth of expertise, data, and research currently available to federal agencies and through other mechanisms. By identifying a strategy to bridge knowledge gaps, Congress and agencies can be better equipped to serve the American people effectively in this new era of changing agency deference.

A Call to Prioritize Innovation for Use of Data and Evidence in Legislating 

In 2023, the Data Foundation endorsed the bipartisan Congressional Evidence Commission resolution and in early-2024 our President testified to Congress, calling for swift passage of the resolution as a means to bolster congressional power and authority for legislating and oversight.  In this new era of reduced agency deference, Congress must be equipped to craft legislation and exercise other oversight functions,  grounded in robust data, research, and expertise. This is precisely why the proposed bipartisan Congressional Evidence-Based Policymaking Commission (H.Con.R 49) is so crucial to quickly move forward to support the institution and identify strategies that enable improvements that improve our country’s data and evidence infrastructure in the years ahead.

The Congressional Evidence Commission could play a vital role in creating a policy environment that values and rewards the use of evidence in decision-making. By assessing current capacities and recommending improvements, it could help ensure that Congress has the tools, knowledge, and processes necessary to incorporate evidence effectively in the legislative process.

Congress has already taken important steps in the past by passing laws like the Foundations for Evidence-Based Policymaking Act (Evidence Act), which requires Executive Branch agencies to designate chief data officers, develop data inventories and learning agendas, and prioritize evidence-building activities. The proposed Congressional Evidence Commission represents the next logical step, focusing specifically on enhancing Congress's own capacity to use data and evidence in crafting legislation.

The stakes are clear. The policy challenges facing our nation demand a legislative approach that is informed by evidence, guided by expertise, and grounded in the realities of implementation. The Loper Bright decision may have created new challenges to this approach, but it's also an opportunity to better calibrate our evidence ecosystem. At this moment, policymakers at all levels should reinforce their commitment to evidence-informed policymaking, and provide the tools and support they need to fulfill their vital role in our democracy. For Congress, creating the Congressional Evidence Commission is a logical next step.