Loper Bright

No More Deference: Sixth Circuit Relies on Loper Bright to Strike Down Net Neutrality Rules Congressional Research Service, Feb. 3, 2025 On January 2, 2025, the U.S. Court of Appeals for the Sixth Circuit (Sixth Circuit) vacated the Federal Communications Commission’s (FCC’s) most recent net neutrality rules. The court held that, under the Communications Act…

Carrie Severino on Chevron and Net Neutrality in National Review: “Net neutrality” rules, which restrict internet service providers’ ability to manage users’ internet access—by, for instance, changing speeds or blocking third-party connections based on content, contractual obligations, or other factors—were for many years a point of contention. The alarmist Left long insisted that such regulation…

During a Senate Budget Committee nomination hearing yesterday, Senator Chuck Grassley (R-Iowa) asked Russell Vought, President Trump’s nominee to be the Director of the Office of Management and Budget, to give his view on the Loper Bright decision: “I’d like your view on… the recent Supreme Court decision overturning the Chevron Doctrine… how that can…

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…