Posts by kschmidt
One year later: A world without ‘Chevron deference’
American Legislative Exchange Council’s Nino Marchese writes in The Hill: Loper Bright reminds the nation that final legal interpretation belongs squarely with the judiciary — a core thread of our jurisprudential fabric stretching all the way back to Marbury v. Madison. When judges are forced to bow before bureaucrats on questions of law, we risk not only…
Read MoreLiberty University School of Law Hosts Loper Symposium
On Friday, the Liberty University School of Law’s Supreme Courtroom was packed with students and community guests for the “Liberty Law Review’s” symposium, Loper Bright: A New Era of Administrative Law, which focused on the landmark 2024 Supreme Court case Loper Bright v. Raimondo. The Hon. Jennifer Walker Elrod, chief judge of the 5th U.S. Circuit…
Read MoreAmericans for Prosperity Foundation Files Amicus Brief Urging the Supreme Court to End Fourth Branch of Government
Today, Americans for Prosperity Foundation filed a friend-of-the-court brief in the U.S. Supreme Court in Trump et al. v. Slaughter et al. urging the Court to squarely overrule Humphrey’s Executor—a 1935 Supreme Court decision that led to the rise of so-called “independent agencies” that exercise executive power without being any accountable to any elected official. As…
Read MoreSenator Schmitt Leads Notice & Comment Symposium on Congress After Loper Bright
The Yale Notice & Comment blog is hosting a symposium on the U.S. Senate’s Post-Chevron Working Group Report. Senator Eric Schmitt, the driving force behind the working group, has the lead essay in the symposium summarizing the initiative and its importance.
Read MoreThe Tenth Circuit Applies Loper Bright to Decide When a “Child” is a Child
On September 29, 2025, the Tenth Circuit issued its decision in Rangel-Fuentes v. Bondi. The case not only resolves an important question about eligibility for cancellation-of-removal orders under federal immigration law but also provides a roadmap for how courts might approach statutory interpretation—and, specifically, delegations of discretionary agency authority—in the post-Chevron era.
Read MoreDoes Stinson Deference Survive Loper Bright? Cert Petition in Poore v. United States Gives Supreme Court Opportunity to Decide.
On September 18th, the Supreme Court requested that the government file a response to the pending cert petition in Poore v. United States, a case raising an interesting Loper Bright implementation question.
Read MoreFifth Circuit Upholds EPA Disapproval of Texas Ozone Implementation Plan Under Loper Bright
Last week, the Fifth Circuit issued a significant decision in Texas v. EPA, denying Texas’s petition for review of the Environmental Protection Agency’s (“EPA”) disapproval of a State Implementation Plan (“SIP”) under the Clean Air Act (“CAA”). The case is notable not only for its implications for interstate air pollution regulation, but also for its…
Read MoreThird Circuit Upholds PBGC Relief-Fund Asset Regulations Under Loper Bright
Earlier this month, the Third Circuit released its decision in In re Yellow Corp., a case that started as a high-stakes bankruptcy dispute and ended up involving a challenge to the Pension Benefit Guaranty Corporation’s (“PBGC”) regulations imposing “reasonable conditions” on the use of COVID-19 relief funds. The Yellow Corp. decision offers another example of…
Read MoreAFP Foundation’s Ryan Mulvey on Montana Talks with Aaron Flint
AFP Foundation Senior Policy Counsel Ryan Mulvey joined Montana Talk’s Aaron Flint to discuss Constitution Day and Loper Bright.
Read MoreSupreme Court Grants Cert in Trump v. Slaughter Teeing Up Whether Humphrey’s Executor Should Be Overruled
On September 22nd, the U.S. Supreme Court granted cert in Trump v. Slaughter, signaling it will address an important question of administrative law going to the heart of our system of separated powers and checks and balances: in essence, does the U.S. Constitution authorize the existence of a headless fourth branch of government comprised of…
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