Loper Bright Archives - Page 2 of 17

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…

EPA Administrator Zeldin Discusses Governing by Loper Bright’s “Single Best Reading”

In a recent Politico interview, when asked about a “fundamental shift” in the focus of the Environmental Protection Agency under his tenure, Administrator Lee Zeldin highlighted how the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo is paramount to his decision-making.

SCOTUS’s GVR in American Gas: Fact-Bound Deference After Loper Bright

Earlier this week, the Supreme Court granted the petition for writ of certiorari in American Gas Association v. Department of Energy, vacated the D.C. Circuit’s judgment below, and remanded for reconsideration “in light of the position asserted by the Solicitor General” in the government’s response brief. This move revives the fight over the validity of the Department of Energy’s (“DOE”) efficiency standards for residential furnaces and commercial water heaters. More importantly, the GVR puts front and center on remand a question that courts are already grappling…

C. Boyden Grey Center Podcast on Judging After Loper Bright

In this final panel from the Gray Center’s October conference, moderator Aaron Nielsen (UT Austin) speaks with Judge Naomi Rao (D.C. Circuit) and Judge Steven Menashi (Second Circuit) about their role as judges after Loper Bright ended Chevron deference.

Loper Bright Surfaces in the Supreme Court’s Opinion in Rutherford v. United States  

Last week, in Rutherford v. United States, the Court held 6-3 that certain nonretroactive changes to federal mandatory minimum sentences effectuated by the First Step Act (FSA) do not qualify as an “extraordinary and compelling reason” that can justify a reduced sentence under the “compassionate release” exception to the general rule against district courts modifying…