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9-0 Supreme Court Again Recognizes Disclosure Harms the Freedom of Association
The U.S. Supreme Court issued a unanimous opinion in First Choice Women’s Resource Centers v. Davenport recognizing the harm to First Choice Women’s Resource Centers and its donors from an investigatory subpoena issued by the New Jersey Attorney General. Ensuring nonprofits are protected against such demands from state AGs was a core part of why…
The Government Declines to Defend 2-1 D.C. Circuit EPCA Ruling Dissent Describes As “Loper Bright avoidance”
As Professor Jonathan Adler covered in Reason, the Solicitor General has declined to defend the D.C. Circuit’s split-panel decision in American Gas Association v. Department of Energy in the U.S. Supreme Court.
Monsanto, Loper Bright, and Preemption
Last week, my colleague, Michael Pepson, noted that Loper Bright might come up during oral argument in Monsanto Company v. Durnell, a case that raises the question of whether the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) preempts state labeling requirements. Although neither party cited Loper Bright during briefing on the petition for writ of certiorari, the case did come up in the respondent’s answering brief on the merits. Specifically, Mr. Durnell argued that, under Loper Bright, the onus was on Monsanto to…
AFPF Offers to Educate Rep. DeLauro After Loper Mishap
“In light of the shocking news uncovered by EPA Administrator Lee Zeldin that after almost two years some members of Congress, including ranking member of the House Appropriations Committee Rosa DeLauro, still have not heard that the U.S. Supreme Court overturned Chevron deference in Loper Bright and now requires regulatory agencies to adhere to the…
March–April Circuit Court Round-Up: Recent Loper Bright Decisions
The past two months have seen Loper Bright play an important role in the adjudication of several appeals across multiple circuit courts. Here are the instances where Loper Bright, and the end of Chevron deference, was particularly notable.
Loper Bright’s Impact on the Political Realm: The “Future of the Democratic Coalition”
The Yale Journal on Regulation’s blog, Notice & Comment, has published the second half of a two-part series exploring the impact of Loper Bright on the two major political parties and their members in Congress. The first half, published last month, explored how Chevron deference possibly served a uniting function for the GOP, and that its elimination by the Supreme Court now leaves an “open question whether business-minded conservatives and antistatist conservatives can…
