Posts by kschmidt

Chevron’s Swan Song: Loper Bright and the New Era of Judicial Oversight of Agency ActionsBy Adam, Feldman, Legalytics, Jan. 17. 2025 From 1984 to 2024, judges examining agency interpretations of statutory language followed the following guidelines: “When a challenge to an agency construction of a statutory provision, fairly conceptualized, really centers on the wisdom of…

In the Yale Journal on Regulation Notice and Comment blog, Adam White calls for papers for presentation in summer 2025 at Antonin Scalia Law School: Judges, lawyers, legislators and academics will grapple with these questions for many years to come—just as they did for decades after Chevron itself. Legal scholarship, at its best, exists to inform and…

Senators Rand Paul (R-KY) and Eric Schmitt (R-MO) reintroduced the Separation of Powers Restoration Act (SOPRA). Although the Supreme Court has overturned Chevron deference, SOPRA will codify the principle that courts must decide cases based on their legal merits without giving deference to prior agency decisions or interpretations, ensuring that all forms of deference doctrines…

The U.S. Court of Appeals for the Sixth Circuit invalidated the Federal Communications Commission’s (FCC) 2024 net neutrality regulations, which had reclassified broadband internet as a Title II telecommunications service to enforce rules preventing internet service providers (ISPs) from blocking or throttling content. The court determined that the FCC lacked the statutory authority to impose…

A coalition of organizations urged Congress to curtail the overreach of the administrative state in light of the Chevron doctrine, which has long allowed federal agencies to interpret ambiguous laws with minimal judicial oversight. In a letter to Congress, the coalition advocates for legislative measures that restore accountability and empower lawmakers, rather than unelected bureaucrats,…