Loper Bright

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…

A coalition of organizations urged Congress to curtail the overreach of the administrative state in light of the Chevron doctrine, which has long allowed federal agencies to interpret ambiguous laws with minimal judicial oversight. In a letter to Congress, the coalition advocates for legislative measures that restore accountability and empower lawmakers, rather than unelected bureaucrats,…

In Loper Bright Enterprises v. Raimondo, the Supreme Court squarely held that “Chevron is overruled” and “[c]ourts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”  After Loper Bright, federal courts may no longer “defer to an agency interpretation of the law simply because a statute is ambiguous.”  Nonetheless, in Tennessee v. Becerra, a Sixth Circuit…

House Majority Leader Steve Scalise (R-La.) announced a series of letters to federal agencies after the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo overturning Chevron deference: “This week, House Republican Committees are sending letters to their corresponding federal agencies to demand the review of various overreaching regulations in our fight to free the American people…

Today, attorneys for a group of New Jersey herring fishermen landed a significant victory at the Supreme Court.  With its ruling in Loper Bright v. Raimondo, the Court has overruled the Chevron doctrine and restored the balance of power between Congress and the Administration. The Loper Bright decision was issued alongside Relentless v Department of Commerce.    The fishermen in the Loper Bright case face an…