Loper Bright
Center for Progressive Reform Once Again Distorts Loper Bright and Judicial Review
The Center for Progressive Reform (“CPR”) has published a second report that analyzes the impact of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo. That report argues Loper Bright is “providing a vehicle for judicial activism” with “troubling implications for the future of U.S. democracy.” But CPR’s dataset is too limited to support…
Read MoreLoper Bright Protects Taxpayers and is Helping End IRS Overreach
By Tyler Martinez Taxpayers should rejoice at Loper Bright Enterprises v. Raimondo. The landmark decision told courts across the country to exercise independent judgment rather than defer to the whims of agency interpretations. Ambiguity in a statute is no longer automatic deference. As a result, the Treasury and IRS regulations touching on tax interpretation are…
Read MoreSupreme Court Declines to Hear NLRB Deference Case
The Supreme Court has declined to take up PG Publishing Co. v. NLRB, a case in which a Pittsburgh newspaper sought review of the “highly deferential” treatment given by the Third Circuit to the National Labor Relations Board’s interpretation of its own statutory authority. The newspaper’s petition for writ of certiorari was denied on October…
Read MoreEli Nachmany on Deference Undisturbed
In the Notre Dame Law Review: Abstract The Supreme Court’s departure from Chevron deference threatened to upend the administrative state. To mitigate the consequences of its opinion in Loper Bright Enterprises v. Raimondo, the Court established that all existing decisions that relied on Chevron deference would get “statutory stare decisis.” That prevents the re-litigation—at least…
Read MoreNYU Law to Host Event on Loper Bright and the Future of Tax Administration
The Graduate Tax Program at the NYU School of Law is hosting two panels on how the Loper Bright decision might affect judicial deference to Treasury Regulations in the Greenberg Lounge of Vanderbilt Hall (40 Washington Square South, New York, NY) on Thursday, October 8, 2026 Click here to register or learn more about the…
Read MoreSiren Retail Corporation: Another Nail in the Coffin of NLRB Deference
Earlier this summer, I highlighted the D.C. Circuit’s decision in Hospital Menonita and its rejection of deference to the National Labor Relations Board. Last week, in Siren Retail Corporation v. NLRB, the Second Circuit joined the ranks of the Fourth, Fifth, Sixth, Tenth, and D.C. Circuits by emphasizing the judiciary’s obligation, after Loper Bright, to…
Read MoreYanez Piedra and Statutory Stare Decisis After Loper Bright
One of the more doctrinally vexing passages in Loper Bright Enterprises v. Raimondo is the Supreme Court’s admonition that, notwithstanding the significant doctrinal change caused by the overruling of Chevron, “holdings of those cases” previously decided under that interpretive framework would “still [be] subject to statutory stare decisis.” As Chief Justice Roberts explained, “[m]ere reliance…
Read MorePodcast: Skidmore After Loper Bright
Catholic University Law School Professor and Director of the Separation of Powers Institute Chad Squitieri discusses Skidmore v. Swift & Co., including its status after Loper Bright Enterprises v. Raimondo, with University of Minnesota Law Professor Kristin Hickman.
Read MoreAFPF Marks Two Years of Loper Bright with Sen. Schmitt & Expert Panelists
Last month, Americans for Prosperity Foundation (“AFPF”) hosted a special summit marking the two-year anniversary of the Supreme Court’s momentous decision in Loper Bright Enterprises v. Raimondo. The event was well attended, and registrants spent a half-day listening to experts explore how Loper Bright is driving the Trump Administration’s regulatory agenda and giving Congress the opportunity to reassert its Article I authority and rethink its relationship with the administrative state. While most public debate about Loper Bright understandably has focused on developments…
Read MoreThe Hospital Menonita Dissent Demonstrates Why Loper Bright Must be Constitutionalized
By John J. Vecchione Ryan Mulvey has ably discussed the implications of the history and holding of Hospital Menonita de Guayanma v. NLRB in these pages. To sum up, the NLRB had a successor-bar rule requiring that an employer deal with a union for a year after taking over the company based on an irrebuttable…
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