Loper Bright
Eight Circuit Applies Loper Bright in FCC Quadrennial Review Dispute
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…
Read MoreLoper Bright Mentioned in Trump Tariff Case at Federal Circuit Oral Argument
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…
Read MoreHSGAC Hearing: The Future is Loper Bright: Congress’s Role in the Regulatory Landscape
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.
Read MoreTrump Administration Using AI to Speed Up Deregulatory Effort After Loper Bright
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…
Read MoreLoper Bright’s Impact on Education Law
The Brookings Institution hosted an essay by two professors, Raquel Muñiz and Rebecca Natow, profiling Loper Bright‘s impact on education law. They write: Since the case was decided in 2024, Loper has been cited by courts as justification to restrain executive agency actions relating to education. In Tennessee v. Cardona (2025), a federal district court in Kentucky…
Read MoreJustice Department in Talks to Settle Loper Bright
NRO’s Dan McLaughlin on the recent DOJ filing asking the D.C. Circuit to hold Loper Bright in abeyance on remand while the parties pursue settlement: The Loper Bright and Relentless plaintiffs could still have a long voyage ahead in the appeals courts — unless the government listens to reason. But it seems that attention to the anomalous position taken…
Read MoreSeventh Circuit Declines to Apply Loper Bright to Modify Standard of Appellate Review on Fact Issues in FOIA Cases
The Seventh Circuit has rejected an argument that Loper Bright impacts its standard of appellate review under the Freedom of Information Act (“FOIA”). In Brodsky v. FBI—a case involving a confidential informant’s access to records about himself—the Seventh Circuit affirmed the lower court’s ruling that the FBI properly withheld material under Exemptions 3, 6, and…
Read MoreNo Signs of a Skidmore Revival at the Supreme Court
Earlier this week at SCOTUSblog, Columbia University law professor Abbe Gluck suggested the Supreme Court’s recent opinion in Kennedy v. Braidwood Management might reflect what some have forecast as a “revival” of so-called “Skidmore deference.” On her reading of Kennedy, the Court’s examination of “considered and consistent Executive Branch practice—which beg[ins] contemporaneously with enactment of…
Read MoreRhode Island Judge Rules Against Fishermen in Companion Case to Loper Bright
A federal judge in the District of Rhode Island ruled in favor of the government yesterday in Relentless v. Department of Commerce, the companion case to Loper Bright v. Raimondo, which was sent back to lower courts on remand after the Supreme Court’s historic decision last year. With the end of Chevron, the district court…
Read MoreSCOTUSblog Term Review on Deference
At SCOTUSblog, Abbe R. Gluck writes about Kennedy v. Braidwood Management, and ” the broader question of how the court will grapple with questions of expertise in the wake of its 2024 decision overruling Chevron v. Natural Resources Defense Council, the key agency-deference case of the modern era.” Finally, for good measure, the opinion concludes with a…
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