It doesn’t need to go to SCOTUS, Chevron deference was precedent for the lower courts, SCOUTS can always do whatever it wants. The plain reading of Loper Brigh

It doesn’t need to go to SCOTUS, Chevron deference was precedent for the lower courts, SCOUTS can always do whatever it wants. The plain reading of Loper Bright is that the courts should make their own independent interpretation of the statutory provisions. In doing so the court can ignore the agency’s expertise.