Walter Olson on Why The Freedom to Give Helps Protect Everyone’s Liberty
Writing on the Cato Institute’s At Liberty blog, Olson summarizes a recent panel discussion: Joining us were two major figures in contemporary American philanthropy: Lawson Bader, president and CEO at DonorsTrust, which helps right-of-center benefactors create donor-advised funds (DAFs), and John Palfrey, president of the John D. and Catherine T….
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Walter Olson on Why The Freedom to Give Helps Protect Everyone’s Liberty
Writing on the Cato Institute’s At Liberty blog, Olson summarizes a recent panel discussion: Joining us were two major figures in contemporary American philanthropy: Lawson Bader, president and CEO at DonorsTrust, which helps right-of-center benefactors create donor-advised funds (DAFs), and John Palfrey, president of the John D. and Catherine T. MacArthur Foundation, known for supporting…
EPA Administrator Zeldin Discusses Governing by Loper Bright’s “Single Best Reading”
In a recent Politico interview, when asked about a “fundamental shift” in the focus of the Environmental Protection Agency under his tenure, Administrator Lee Zeldin highlighted how the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo is paramount to his decision-making.
SCOTUS’s GVR in American Gas: Fact-Bound Deference After Loper Bright
Earlier this week, the Supreme Court granted the petition for writ of certiorari in American Gas Association v. Department of Energy, vacated the D.C. Circuit’s judgment below, and remanded for reconsideration “in light of the position asserted by the Solicitor General” in the government’s response brief. This move revives the fight over the validity of the Department of Energy’s (“DOE”) efficiency standards for residential furnaces and commercial water heaters. More importantly, the GVR puts front and center on remand a question that courts are already grappling…
C. Boyden Grey Center Podcast on Judging After Loper Bright
In this final panel from the Gray Center’s October conference, moderator Aaron Nielsen (UT Austin) speaks with Judge Naomi Rao (D.C. Circuit) and Judge Steven Menashi (Second Circuit) about their role as judges after Loper Bright ended Chevron deference.
Loper Bright Surfaces in the Supreme Court’s Opinion in Rutherford v. United States
Last week, in Rutherford v. United States, the Court held 6-3 that certain nonretroactive changes to federal mandatory minimum sentences effectuated by the First Step Act (FSA) do not qualify as an “extraordinary and compelling reason” that can justify a reduced sentence under the “compassionate release” exception to the general rule against district courts modifying…
Commentators Point to Loper Bright in Coming Fight Over FCC, FTC
Several commentators have noted the potential relevance of the Supreme Court’s consequential decision in Loper Bright Enterprises v. Raimondo to coming fights over the authority of the Federal Communications Commission and Federal Trade Commission. Ed Whelan in National Review recently suggested the FCC’s attempts to “thwart[] judicial review of the legality of . . . license transfers,” which will soon be considered…
SEC Suddenly Abandons Gag Rule After Decades of Silencing Respondents
The Securities and Exchange Commission (“SEC”) has rescinded its long-standing Rule 202.5(3) that requires respondents settling allegations with the agency to agree to never “publicly deny the allegations in the complaint or administrative order” or risk having their settled charges reopened.
Professor Aaron Nielson on the Dangers of a Post-Chevron “Science Charade”
Professor Aaron Nielson has published some fascinating commentary over at Civitas Outlook in which he explores the dangers of agencies misusing science—or what they claim to be science—to avoid the impacts of Loper Bright and the end of Chevron deference.
Can There Still Be “Implicit Delegation After Loper Bright”?
As highlighted last week, Liberty University Law Review recently published a special issue containing essays submitted as part of its symposium on Loper Bright. But there is other recent scholarship on Loper Bright worth highlighting. One article in particular—“The Gray Area: Finding Implicit Delegation to Agencies After Loper Bright,” by Harvard Law professor Matthew Stephenson—deserves…
