Posts by kschmidt

Recasting Regulations has covered several developments related to the impact of Loper Bright on tax law and administration in recent weeks.  To start, we highlighted an event hosted by the NYU School of Law’s Graduate Tax program, which explored the end of Chevron deference on future review of Treasury regulations.  And we published a guest…

The Eighth Circuit’s recent decision in Corner Post, Inc. v. Board of Governors of the Federal Reserve rejecting the Fed’s request for deference to its Chevron-era regulation setting a 21-cent cap for credit card swipe fees highlights the continuing practical impact of Loper Bright’s changes to the statutory interpretation landscape. The Eighth Circuit’s ruling showcases…

Two weeks ago, the Supreme Court heard oral argument in Beaird v. United States, a case in which it will consider whether Stinson v. United States still correctly states the rule for the level of deference owed to the U.S. Sentencing Commission’s commentary on its Sentencing Guidelines.  Most of the justices appeared reticent to upset…

The Center for Progressive Reform (“CPR”) has published a second report that analyzes the impact of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo.  That report argues Loper Bright is “providing a vehicle for judicial activism” with “troubling implications for the future of U.S. democracy.”  But CPR’s dataset is too limited to support…

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…

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…

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…

By John J. Vecchione  Ryan Mulvey has ably discussed the implications of the history and holding of Hospital Menonita de Guayanma v. NLRB in these pages.  To sum up, the NLRB had a successor-bar rule requiring that an employer deal with a union for a year after taking over the company based on an irrebuttable…