Loper Bright
Eli 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…
Read MoreEnvironmental Defense Fund v. EPA: Does Loper Bright Impact the Chenery Doctrine?
In Environmental Defense Fund v. EPA, the D.C. Circuit recently flagged an interesting impact Loper Bright might have on administrative law. Judge Henderson’s opinion suggests the possibility that, after Loper Bright, the Chenery doctrine—which holds that “reviewing courts ‘must judge the propriety of [agency] action solely by the grounds invoked by the agency’”—may not apply to “pure statutory interpretation questions.” This question matters because in challenges to agency decisions like federal regulations and adjudications, to the extent the Chenery doctrine applies it…
Read MoreLenity After Loper Bright: Deference and Liberty in Criminal Law
Earlier this spring, in Rutherford v. United States, the Supreme Court held the U.S. Sentencing Commission’s interpretation of 18 U.S.C. § 3582(c)(1) was inconsistent with the underlying statutory text, and that nonretroactive changes in sentencing law could not qualify as “extraordinary and compelling reasons” to justify early release. That decision, and its explanation of the principles that limit the Commission’s delegated authority, accentuates how Loper Bright v. Raimondo now binds every agency—including the Commission. In her opinion for the majority, Justice Barrett…
Read MoreHospital Menonita and the Future of NLRB Deference
In the wake of Loper Bright and the end of Chevron deference, commentators have wondered whether the Supreme Court’s definitive interpretation of Section 706 could spell the end of other deference doctrines, including those that have developed outside the context of the APA. One conspicuous body of caselaw under suspicion involves deference to the National Labor Relations Board (“NLRB”) and its interpretations of the National Labor Relations Act (“NLRA”). The D.C. Circuit’s decision last week in Hospital Menonita de…
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