Loper Bright Protects Taxpayers and is Helping End IRS Overreach
By Tyler Martinez Taxpayers should rejoice at Loper Bright Enterprises v. Raimondo. The landmark decision told courts across the country to exercise independent judgment rather than defer to the whims of agency interpretations. Ambiguity in a statute is no longer automatic deference. As a result, the Treasury and IRS regulations…
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Loper Bright Protects Taxpayers and is Helping End IRS Overreach
By Tyler Martinez Taxpayers should rejoice at Loper Bright Enterprises v. Raimondo. The landmark decision told courts across the country to exercise independent judgment rather than defer to the whims of agency interpretations. Ambiguity in a statute is no longer automatic deference. As a result, the Treasury and IRS regulations touching on tax interpretation are…
Supreme Court Declines to Hear NLRB Deference Case
The Supreme Court has declined to take up PG Publishing Co. v. NLRB, a case in which a Pittsburgh newspaper sought review of the “highly deferential” treatment given by the Third Circuit to the National Labor Relations Board’s interpretation of its own statutory authority. The newspaper’s petition for writ of certiorari was denied on October…
Americans For Prosperity Foundation Files Comment Supporting The Administration’s Continuing Efforts to Update and Further Improve Key WOTUS Rule
Last week, Americans for Prosperity Foundation (“AFPF”) filed a comment in support of a supplemental proposal by the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers to bring the agencies’ regulatory definition of “waters of the United States” (“WOTUS”)—a notoriously vague legal term of art that defines the scope of federal jurisdiction under…
Eli Nachmany on Deference Undisturbed
In the Notre Dame Law Review: Abstract The Supreme Court’s departure from Chevron deference threatened to upend the administrative state. To mitigate the consequences of its opinion in Loper Bright Enterprises v. Raimondo, the Court established that all existing decisions that relied on Chevron deference would get “statutory stare decisis.” That prevents the re-litigation—at least…
NYU Law to Host Event on Loper Bright and the Future of Tax Administration
The Graduate Tax Program at the NYU School of Law is hosting two panels on how the Loper Bright decision might affect judicial deference to Treasury Regulations in the Greenberg Lounge of Vanderbilt Hall (40 Washington Square South, New York, NY) on Thursday, October 8, 2026 Click here to register or learn more about the…
Siren Retail Corporation: Another Nail in the Coffin of NLRB Deference
Earlier this summer, I highlighted the D.C. Circuit’s decision in Hospital Menonita and its rejection of deference to the National Labor Relations Board. Last week, in Siren Retail Corporation v. NLRB, the Second Circuit joined the ranks of the Fourth, Fifth, Sixth, Tenth, and D.C. Circuits by emphasizing the judiciary’s obligation, after Loper Bright, to…
Yanez Piedra and Statutory Stare Decisis After Loper Bright
One of the more doctrinally vexing passages in Loper Bright Enterprises v. Raimondo is the Supreme Court’s admonition that, notwithstanding the significant doctrinal change caused by the overruling of Chevron, “holdings of those cases” previously decided under that interpretive framework would “still [be] subject to statutory stare decisis.” As Chief Justice Roberts explained, “[m]ere reliance…
Podcast: Skidmore After Loper Bright
Catholic University Law School Professor and Director of the Separation of Powers Institute Chad Squitieri discusses Skidmore v. Swift & Co., including its status after Loper Bright Enterprises v. Raimondo, with University of Minnesota Law Professor Kristin Hickman.
AFPF Marks Two Years of Loper Bright with Sen. Schmitt & Expert Panelists
Last month, Americans for Prosperity Foundation (“AFPF”) hosted a special summit marking the two-year anniversary of the Supreme Court’s momentous decision in Loper Bright Enterprises v. Raimondo. The event was well attended, and registrants spent a half-day listening to experts explore how Loper Bright is driving the Trump Administration’s regulatory agenda and giving Congress the opportunity to reassert its Article I authority and rethink its relationship with the administrative state. While most public debate about Loper Bright understandably has focused on developments…
