Posts by James Valvo
After Supreme Court Victory Opens Courthouse Doors, Corner Post Prevails on Remand In Challenge to Fed’s 2011 Debit Fee Regulation
The Supreme Court’s decision in Loper Bright was a landmark victory for the rule of law, due process, and the separation of powers. But it was not the only important administrative law decision in the 2023 Term. Following Loper Bright, Corner Post, Inc. v. Board of Governors of the Federal Reserve System opened up the…
Read MoreApplying Loper Bright to EEOC “Right to Sue” Notices
In Prichard v. Long Island University, a U.S. District Court for the Eastern District of New York relied on Loper Bright v. Raimondo to invalidate an Equal Employment Opportunity Commission (EEOC) regulation that had allowed the agency to issue “right to sue” notices before 180 days had passed. The decision made clear that EEOC regulations should…
Read MoreSusan Dudley in Forbes: Congress Must Step Up
Following her appearance at the HSGAC hearing on the future of Loper Bright, former OIRA Administrator Susan Dudley had a series of recommendations for how Congress can reassert itself and fulfill its constitutional role. “First, legislation should recognize that while scientific facts are a necessary element of good policy design, they are almost never sufficient.”…
Read MoreHSGAC Hearing: The Future is Loper Bright: Congress’s Role in the Regulatory Landscape
Senator James Lankford chaired a hearing in the Subcommittee on Border Management, Federal Workforce and Regulatory Affairs on Loper Bright and Congress. Witnesses include Susan Dudley, Chad Squitieri, and Allyson Schwartz.
Read MoreTrump Administration Using AI to Speed Up Deregulatory Effort After Loper Bright
The first several months of the Trump Administration have focused on executive orders, agency reorganization, and budget reconciliation. But attention is now shifting to the meat of Executive Branch reform: deregulation. The Washington Post reports that DOGE has built a deregulatory tool that harnesses AI to assist agencies in identifying and eliminating unnecessary or unlawful…
Read MoreLoper Bright’s Impact on Education Law
The Brookings Institution hosted an essay by two professors, Raquel Muñiz and Rebecca Natow, profiling Loper Bright‘s impact on education law. They write: Since the case was decided in 2024, Loper has been cited by courts as justification to restrain executive agency actions relating to education. In Tennessee v. Cardona (2025), a federal district court in Kentucky…
Read MoreJustice Department in Talks to Settle Loper Bright
NRO’s Dan McLaughlin on the recent DOJ filing asking the D.C. Circuit to hold Loper Bright in abeyance on remand while the parties pursue settlement: The Loper Bright and Relentless plaintiffs could still have a long voyage ahead in the appeals courts — unless the government listens to reason. But it seems that attention to the anomalous position taken…
Read MoreNo Signs of a Skidmore Revival at the Supreme Court
Earlier this week at SCOTUSblog, Columbia University law professor Abbe Gluck suggested the Supreme Court’s recent opinion in Kennedy v. Braidwood Management might reflect what some have forecast as a “revival” of so-called “Skidmore deference.” On her reading of Kennedy, the Court’s examination of “considered and consistent Executive Branch practice—which beg[ins] contemporaneously with enactment of…
Read MoreRhode Island Judge Rules Against Fishermen in Companion Case to Loper Bright
A federal judge in the District of Rhode Island ruled in favor of the government yesterday in Relentless v. Department of Commerce, the companion case to Loper Bright v. Raimondo, which was sent back to lower courts on remand after the Supreme Court’s historic decision last year. With the end of Chevron, the district court…
Read MoreLoper, Stare Decisis, & the Endangered Species Act
Two commenters from the NYU School of Law’s Institute for Policy Integrity have a piece on the Yale Notice & Comment blog challenging the Trump Administration’s invocation of Loper Bright as a nondiscretionary basis to rescind the existing regulatory definition of “harm” as it applies to the Endangered Species Act. Jack Jones and Max Sarinsky…
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