Posts by kschmidt

In Loper Bright Enterprises v. Raimondo the Supreme Court overruled Chevron v. NRDC—which had required federal courts to defer to the government’s “reasonable” interpretation of ambiguous language in statutes—holding that “[c]ourts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, as the [Administrative Procedure Act] requires” and that “courts need not…

Clement and Murphy PLLC represented the fishermen before the Supreme Court in Loper Bright. Read more (subscription required).

In Moctezuma-Reyes v. Garland the Sixth Circuit was tasked with interpreting the meaning of the statutory phrase “exceptional and extremely unusual hardship” in assessing Mr. Moctezuma-Reyes’s petition for review of an immigration judge’s denial of his application for cancellation of his removal from the United States, which the Board of Immigration affirmed. The Court expressed sympathy for Mr.…

The Foundation for American Innovation is hosting a panel discussion and reception about how the Loper Bright case shifts power back to Congress. The event is in Washington, DC on Wednesday, February 12. ​The Supreme Court’s overturning of Chevron deference last year dramatically changed the relationship between the legislative and executive branches. After four decades of Supreme…

No More Deference: Sixth Circuit Relies on Loper Bright to Strike Down Net Neutrality Rules Congressional Research Service, Feb. 3, 2025 On January 2, 2025, the U.S. Court of Appeals for the Sixth Circuit (Sixth Circuit) vacated the Federal Communications Commission’s (FCC’s) most recent net neutrality rules. The court held that, under the Communications Act…

Carrie Severino on Chevron and Net Neutrality in National Review: “Net neutrality” rules, which restrict internet service providers’ ability to manage users’ internet access—by, for instance, changing speeds or blocking third-party connections based on content, contractual obligations, or other factors—were for many years a point of contention. The alarmist Left long insisted that such regulation…