Loper Bright

A recent cert petition asking the Supreme Court to vacate the Sixth Circuit’s decision in Tennessee v. Kennedy, and remand with instructions to dismiss the case as moot under United States v. Munsingwear, highlights an important Loper Bright implementation question that the Court may need to resolve in a future case: the scope of statutory…

Bloomberg Law’s UnCommon Law podcast continues its series on the “story behind the fishing industry’s Chevron doctrine challenge.” This episode is on: “Chevron Deference Is Dead. Is the Administrative State Still Alive?”

The Supreme Court’s decision in Loper Bright was a landmark victory for the rule of law, due process, and the separation of powers. But it was not the only important administrative law decision in the 2023 Term. Following Loper Bright, Corner Post, Inc. v. Board of Governors of the Federal Reserve System opened up the…

In Prichard v. Long Island University, a U.S. District Court for the Eastern District of New York relied on Loper Bright v. Raimondo to invalidate an Equal Employment Opportunity Commission (EEOC) regulation that had allowed the agency to issue “right to sue” notices before 180 days had passed.  The decision made clear that EEOC regulations should…

Following her appearance at the HSGAC hearing on the future of Loper Bright, former OIRA Administrator Susan Dudley had a series of recommendations for how Congress can reassert itself and fulfill its constitutional role. “First, legislation should recognize that while scientific facts are a necessary element of good policy design, they are almost never sufficient.”…

On July 23rd, in Zimmer Radio of Mid-Missouri v. FCC, the Eighth Circuit applied the Supreme Court’s decision in Loper Bright to a dispute over the FCC’s quadrennial review of its media ownership rules in a way that highlights a few key themes in Loper Bright statutory interpretation cases.  Background on the FCC Order Under Section…

Here’s how the Wall Street Journal Editorial Page described the exchange: Mr. Nixon’s tariffs for the most part also didn’t exceed the tariff “schedule that had already been enacted,” said another judge. Mr. Trump’s do. Mr. Shumate’s fall-back was that IEEPA was meant to be interpreted “very broadly.” But “is that really how we interpret…

Senator James Lankford chaired a hearing in the Subcommittee on Border Management, Federal Workforce and Regulatory Affairs on Loper Bright and Congress. Witnesses include Susan Dudley, Chad Squitieri, and Allyson Schwartz.

The first several months of the Trump Administration have focused on executive orders, agency reorganization, and budget reconciliation.  But attention is now shifting to the meat of Executive Branch reform: deregulation.  The Washington Post reports that DOGE has built a deregulatory tool that harnesses AI to assist agencies in identifying and eliminating unnecessary or unlawful…