Loper Bright Archives

Loper Bright’s Penalty-Default Rule

Professor John Meisel’s recent post at the Yale Journal on Regulation’s Notice & Comment blog offers a fascinating framework for understanding how the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo creates an incentive for Congress to avoid “statutory vagueness” and “draft more precise statutes.” Meisel characterizes the Court’s decision as establishing a “penalty…

De Novo Review Is Working: A Response to CPR’s Loper Bright Report

Last month, the Center for Progressive Reform (“CPR”) published a report analyzing the reception of Loper Bright in the lower courts. CPR’s headline empirical finding is that agency “win” rates have dropped from roughly 70% under Chevron to just 57% in the fourteen months following the Loper Bright decision. Given this shift, you might expect…

AFPF Launches Reg Reform Tracker, Tracing Impact of Loper Bright and Trump EOs

In Loper Bright v. Raimondo, the Supreme Court overturned Chevron deference, ending forty years of courts deferring to agency statutory interpretations. Now, the duty of saying what the law is has returned to where it belongs: the courts. Two years later, federal agencies are quickly rewriting the regulatory landscape, reconsidering many old regulatory interpretations that…

Americans for Prosperity Foundation Applauds Return of Endangered Species Act Regulation to Statutory Text “Based On” Loper Bright

The Departments of Interior and Commerce announced the finalization of a rule rescinding regulations issued by U.S. Fish and Wildlife Service and the National Marine Fisheries Service that had dramatically expanded the scope of the Endangered Species Act to potentially criminalize conduct and private land use decisions Congress did not statutorily authorize the Services to reach. The announcement explains that “[t]his reform is based on the Supreme Court’s 2024 decision in Loper Bright v. Raimondo[.]” The Services concluded that their regulations were not the best reading of…

Recasting Regulations Tracker

Loper Bright at Year Two: Assessing the Post-Chevron Landscape

Loper Bright at Year Two: Assessing the Post-Chevron Landscape July 28, 2026 – AFP Freedom Embassy 430 1st Street SE Washington, D.C. 20003 9:00 AM – 12:00 Noon Day Hour Minute Second REGISTRATION HAS NOW CLOSED AS WE HAVE REACHED CAPACITY FOR THIS EVENT. Americans for Prosperity Foundation (AFPF) is proud to announce a special…

Stand Together profiles how New Jersey Fishermen Helped reshape Government Power

In June 2024, a landmark Supreme Court decision — Loper Bright Enterprises v. Raimondo — changed how federal laws are interpreted. While government agencies possess the constitutional authority to create regulations that explain how to implement a statute on a daily basis, they do not have the authority to interpret unclear laws. In the Loper Bright case, a federal…

Ryan Mulvey on Loper’s Impact on Rulemaking

AFP Foundation’s Ryan Mulvey in RealClearPolicy on how “Loper Bright has proven more immediately transformative for the executive branch — and it may still force Congress to confront responsibilities it has long avoided”: In practice, agencies are increasingly approaching rulemaking with an eye toward whether their interpretations can survive independent judicial review as the best reading…

John Chisholm Recounts Loper Bright After Two Years

Santa Fe Institute and Foundation for Economic Education trustee John Chisholm in the Wall Street Journal revisiting Justice Kagan’s worry that ending Chevron deference would “cause a massive shock to the legal system.” What about Justice Kagan’s warning? Two years on, no “massive shock” has materialized. Agencies still prevail in most challenges. Empirical studies put…

A Healthy Constitutional Squabble

Law & Liberty published an essay by AFPF’s James Valvo & Ryan Mulvey on how a recent dustup over the constitutionality of the Presidential Records Act provides an opportunity to strengthen antifragile government. The essay opens: The Presidential Records Act (PRA) has lately been a source of controversy. The Department of Justice’s Office of Legal…