Loper Bright
Bloomberg Law on Appeals Courts and Loper
Bloomberg Law’s Robert Iafolla writes about how “circuit courts have started going in different directions on the level of deference judges should grant agencies.” Federal appeals courts are still figuring out how much weight to give to agencies’ views of their legal authority, a year after the US Supreme Court said judges must interpret relevant…
Read MoreNew Paper Argues for “Gray Doctrine” of Implicit Delegation
Harvard Law School’s Matthew Stephenson recently published “The Gray Area: Finding Implicit Delegation to Agencies After Loper Bright.” From the abstract: This Article argues that the canonical pre-Chevron cases Gray v. Powell and NLRB v. Hearst Publications, together with their antecedents and progeny, provide a useful framework for distinguishing those interpretive questions on which courts ought to find implicit…
Read MoreLoper Surfaces in FCC v. Consumers’ Research—A Nondelegation Challenge to the Universal Service Fund
This past Term, the Supreme Court cited Loper Bright in several statutory interpretation decisions, including Seven County Infrastructure Coalition v. Eagle County, Bondi v. VanDerStock, McLaughlin Chiropractic Assocs., Inc. v. McKesson Corp., and City and County of San Francisco v. EPA. Loper Bright surfaced again on the last day of the Term in FCC v.…
Read MoreLoper, Stare Decisis, & the Endangered Species Act
Two commenters from the NYU School of Law’s Institute for Policy Integrity have a piece on the Yale Notice & Comment blog challenging the Trump Administration’s invocation of Loper Bright as a nondiscretionary basis to rescind the existing regulatory definition of “harm” as it applies to the Endangered Species Act. Jack Jones and Max Sarinsky…
Read MoreCelebrating the One Year Anniversary of a Landmark Supreme Court Victory
Loper Bright Enterprises v. Raimondo’s Legacy Empowers Courts, Congress to Reclaim Proper Constitutional Roles Washington, DC, June 27, 2025 — Tomorrow marks the first anniversary of the Supreme Court’s landmark ruling in Loper Bright Enterprises v. Raimondo, a transformative decision that ended four decades of Chevron deference. By restoring to courts the duty to interpret…
Read MoreTwo New Papers on the Post-Loper Landscape
First, we have Bernard W. Bell from the Rutgers Law School – Newark in the Seton Hall Law Review on “Loper Bright: Resurrecting Skidmore in a New Era.” Some excerpts from the abstract: In Loper Bright v. Raimondo (2024), the Supreme Court abandoned Chevron deference to agency statutory interpretations, resurrecting the Skidmore “persuasive” deference regime. This article offers three observations. First,…
Read MoreFederalist Society Event: Does “Board Law” Matter after Loper Bright?
The Federalist Society is hosting a Webinar on July 1 at 2:00 PM ET on Loper and the NLRB.
Read MoreNational Review’s McLaughlin Asks Why AG Bondi’s DOJ is “Still Fighting Loper Bright”
National Review’s Dan McLaughlin wonders why Attorney General Pam Bondi’s Department of Justice continues to defend the regulation at issue in Loper Bright in the D.C. Circuit: You might have thought that Loper Bright Enterprises v. Raimondo was a great and conclusive victory for conservatives, and one that would be eagerly embraced by MAGA Republicans eager to…
Read MoreLegislative Drafter’s Guide to Deference, Delegation, and Discretion after Loper Bright
Following the Supreme Court decision in Loper Bright v. Raimondo, which overturned the Chevron doctrine granting federal agencies broad deference to interpret statutes, a “Post-Chevron Working Group” comprised of twenty Republican Senators began working to outline a proper legislative response to the decision and to define a “best practices” for future legislative action. On June…
Read MoreNew Paper on Tax Regulations After Loper
Ohio State University’s Blaine G. Saito new research paper argues that Loper’s impact on tax law may be “more limited than expected.” From the abstract: Using transfer pricing as an example, the paper demonstrates that while technical regulatory details may survive challenge, fundamental changes would likely fail under the new regime. The arm’s length standard,…
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