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44 briefs were filed by 171 amici, including 18 U.S. senators, 18 U.S. representatives, 27 state attorneys general, and Georgia Gov. Brian Kemp.

WASHINGTON, DC, July 25, 2023—New Jersey herring fishermen challenging an unlawful federal regulation at the Supreme Court next fall got a boost yesterday in the form of amicus briefs supporting their case—Loper Bright Enterprises, Inc. v. Raimondo.

The briefs were filed by fellow fishermen, professors, small business, industry, legal advocacy groups, public policy groups, and elected officials. A total of 44 briefs were filed by 171 amici, including 18 U.S. senators, 18 U.S. representatives, 27 state attorneys general, and Georgia Governor Brian Kemp.

The fishermen are challenging a federal regulation that forces them to pay the salaries of government-mandated at-sea monitors who observe their operations and report to the government. The fishermen argue Congress never granted the executive branch the authority to force them to pay for monitors.

Two lower federal courts ruled against the fishermen citing Chevron deference, which requires the courts to defer to federal agencies when congressional intent is ambiguous. The fishermen’s case provides the Supreme Court an opportunity to review and overrule Chevron, which would give Americans from all walks of life and businesses in every sector relief from government overreach and restore constitutional balance of powers.


“This case was brought by a small group of multi-generational fishing families, but those herring fishermen really represent the interests of countless mom-and-pop businesses and everyday Americans across the country,” said Ryan Mulvey, Cause of Action Institute counsel and co-counsel for the plaintiffs. “Everyone’s life is touched by federal regulation.  And everyone has the potential to be negatively impacted by unlawful government overreach or denied a fair hearing due to Chevron.


“This case provides an opportunity restore the proper roles of the federal courts and Congress to hold government accountable and ensure that all Americans can have their day in court,” Mulvey said. “The number of amicus filings reflects broad interest in overruling Chevron and ending unchecked power in the hands of government bureaucrats.”


Former U.S. Solicitor General Paul Clement and attorneys from Cause of Action Institute represent the fishermen.

Other organizations filing amicus briefs include: The U.S. House of Representatives, U.S. Chamber of Commerce, American Farm Bureau Federation, American Forest & Paper Association, Agricultural Retailers Association, National Association of Home Builders, National Cattlemen’s Beef Association, National Pork Producer’s Council, the North American Meat Institute, Pacific Legal Foundation, New Civil Liberties Alliance, Manhattan Institute, TechFreedom, Cato Institute, and the Little Sisters of the Poor.

You can find the complete list of amicus briefs, excerpts, and additional information about the fishermen’s case here.