Justice Department in Talks to Settle Loper Bright
By
| July 24, 2025
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 by the DOJ and Commerce may be paying off: The government has entered into talks with the Loper Bright plaintiffs to settle the case, and any such settlement would necessarily entail at least some retreat from the original regulations.
