Posts by kschmidt
Loper Surfaces in FCC v. Consumers’ Research—A Nondelegation Challenge to the Universal Service Fund
This past Term, the Supreme Court cited Loper Bright in several statutory interpretation decisions, including Seven County Infrastructure Coalition v. Eagle County, Bondi v. VanDerStock, McLaughlin Chiropractic Assocs., Inc. v. McKesson Corp., and City and County of San Francisco v. EPA. Loper Bright surfaced again on the last day of the Term in FCC v.…
Read MoreCelebrating the One Year Anniversary of a Landmark Supreme Court Victory
Loper Bright Enterprises v. Raimondo’s Legacy Empowers Courts, Congress to Reclaim Proper Constitutional Roles Washington, DC, June 27, 2025 — Tomorrow marks the first anniversary of the Supreme Court’s landmark ruling in Loper Bright Enterprises v. Raimondo, a transformative decision that ended four decades of Chevron deference. By restoring to courts the duty to interpret…
Read MoreRyan Mulvey on WBNA TV 21 Kentucky’s Voice Discussing the Misuse of Copyright Law to Block Records Requests
AFP Foundation’s Ryan Mulvey appeared on WBNA’s Kentucky’s Voice to discuss AFP Foundation’s coalition brief urging Sixth Circuit to protect public access and rein in abuses of copyright law.
Read MoreTwo New Papers on the Post-Loper Landscape
First, we have Bernard W. Bell from the Rutgers Law School – Newark in the Seton Hall Law Review on “Loper Bright: Resurrecting Skidmore in a New Era.” Some excerpts from the abstract: In Loper Bright v. Raimondo (2024), the Supreme Court abandoned Chevron deference to agency statutory interpretations, resurrecting the Skidmore “persuasive” deference regime. This article offers three observations. First,…
Read MoreFederalist Society Event: Does “Board Law” Matter after Loper Bright?
The Federalist Society is hosting a Webinar on July 1 at 2:00 PM ET on Loper and the NLRB.
Read MoreNational Review’s McLaughlin Asks Why AG Bondi’s DOJ is “Still Fighting Loper Bright”
National Review’s Dan McLaughlin wonders why Attorney General Pam Bondi’s Department of Justice continues to defend the regulation at issue in Loper Bright in the D.C. Circuit: You might have thought that Loper Bright Enterprises v. Raimondo was a great and conclusive victory for conservatives, and one that would be eagerly embraced by MAGA Republicans eager to…
Read MoreAFP Foundation Leads Coalition Brief Urging Sixth Circuit to Protect Public Access and Rein in Abuses of Copyright Law
ARLINGTON, VA – Today, a coalition of organizations led by Americans for Prosperity Foundation (AFP Foundation) filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit in Stovall v. Jefferson County Board of Education, a pivotal case concerning government transparency and the misuse of copyright law to block access to public…
Read MoreNew Paper on Tax Regulations After Loper
Ohio State University’s Blaine G. Saito new research paper argues that Loper’s impact on tax law may be “more limited than expected.” From the abstract: Using transfer pricing as an example, the paper demonstrates that while technical regulatory details may survive challenge, fundamental changes would likely fail under the new regime. The arm’s length standard,…
Read MoreSenate’s Post-Chevron Working Group Releases Report
A group of twenty Republican Senators that comprise a Post-Chevron working group released a 150-page report this morning. From the Executive Summary: The Post-Chevron Working Group is comprised of twenty Republican Senators. This report is broken down into three sections: 1. Proposed Legislative Response to Loper Bright; 2. Analysis of the Administrative State’s unpreparedness for…
Read MoreNew Law Review Article on “Chevron Stare Decisis”
Emory Law School’s Jonathan Remy Nash writes on “Chevron Stare Decisis in a Post-Loper Bright World” in the Iowa Law Review. The abstract: In its June 2024 decision in Loper Bright Enterprises v. Raimondo, the Supreme Court jettisoned the longstanding Chevron doctrine, which had directed courts to defer to agencies’ reasonable interpretations of ambiguous statutes. The Loper Bright Court attempted…
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