Posts by James Valvo
HSGAC 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…
Read MoreLegislative Drafter’s Guide to Deference, Delegation, and Discretion after Loper Bright
Following the Supreme Court decision in Loper Bright v. Raimondo, which overturned the Chevron doctrine granting federal agencies broad deference to interpret statutes, a “Post-Chevron Working Group” comprised of twenty Republican Senators began working to outline a proper legislative response to the decision and to define a “best practices” for future legislative action. On June…
Read MoreLoper Bright and Political Questions
The Court of International Trade recently invalidated President Trump’s tariffs under the International Emergency Economic Powers Act of 1977 (“IEEPA”). The government argued, among other things, that the court could not consider the case because of the political question doctrine. One reason that doctrine may apply is due to “a lack of judicially discoverable and…
Read MoreBook Review: Loper Bright in Ad Law Casebooks
As Loper Bright continues to work its way through the courts, it’s also been rapidly added to administrative law casebooks across the country. University of Arizona – James E. Rogers College of Law Professors Shalev Gad Roisman and Oren Tamir had a novel idea to do a book review of how Loper, and other new…
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