Posts by kschmidt

Harvard Law School’s Matthew Stephenson recently published “The Gray Area: Finding Implicit Delegation to Agencies After Loper Bright.” From the abstract: This Article argues that the canonical pre-Chevron cases Gray v. Powell and NLRB v. Hearst Publications, together with their antecedents and progeny, provide a useful framework for distinguishing those interpretive questions on which courts ought to find implicit…

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,…

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…

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,…

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…