Bloomberg Law Podcast on Loper at the Supreme Court
Bloomberg Law’s UnCommon Law podcast continues its series on the “story behind the fishing industry’s Chevron doctrine challenge.” This episode focuses on “the Supreme Court arguments that overturned Chevron.” Federal agencies expanding their power beyond congressional intent? Unelected bureaucrats making policy decisions? Regulatory whiplash?! According to the litigants urging the Supreme Court…
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Bloomberg Law Podcast on Loper at the Supreme Court
Bloomberg Law’s UnCommon Law podcast continues its series on the “story behind the fishing industry’s Chevron doctrine challenge.” This episode focuses on “the Supreme Court arguments that overturned Chevron.” Federal agencies expanding their power beyond congressional intent? Unelected bureaucrats making policy decisions? Regulatory whiplash?! According to the litigants urging the Supreme Court to strike down the Chevron doctrine in…
Limiting The Executive Branch’s Power To Act Unilaterally Is a Feature, Not a Bug, of Loper Bright Cutting Across Party Lines
A recent Brookings article, titled “Will the Supreme Court’s Chevron decision undercut Trump’s unilateral presidency?,” suggests that “overturning of the Chevron doctrine may unintentionally weaken [President] Trump’s ability to govern unilaterally by empowering lower courts—often selected through strategic forum shopping by his opponents—to more freely block his executive actions.” That somewhat misunderstands the intent and…
AFPF Provides Input on CON Laws to DOJ Anticompetitive Regulations Task Force
Arlington, VA | Today, Americans for Prosperity Foundation (AFP Foundation) filed a public comment on how certificate-of-need (CON) laws harm patients and stifle innovation in the health care industry. AFP Foundation submitted the comment to the Department of Justice Antitrust Division’s newly launched Anticompetitive Regulations Task Force (Task Force). The Task Force was formed pursuant…
Brookings Institution Commentary Considers Loper Impact on New Administration
The Brookings Institution published a commentary piece from Frank J. Thompson, Distinguished Professor of Public Affairs Emeritus & Faculty Director at Rutgers University, arguing that “[t]he Supreme Court’s overturning of the Chevron doctrine may unintentionally weaken Trump’s ability to govern unilaterally by empowering lower courts—often selected through strategic forum shopping by his opponents—to more freely block…
Book Review: Loper Bright in Ad Law Casebooks
As Loper Bright continues to work its way through the courts, it’s also been rapidly added to administrative law casebooks across the country. University of Arizona – James E. Rogers College of Law Professors Shalev Gad Roisman and Oren Tamir had a novel idea to do a book review of how Loper, and other new…
AFPF Files Regulatory Comment Showcasing Loper Bright’s Role in Endangered Species Act
Americans for Prosperity Foundation filed a comment supporting the Administration’s effort to rescind the regulatory definition of “harm” under the Endangered Species Act and to instead rely on the statutory definition of “take” without the additional interpretive gloss. This rescission is an important example of the types of regulatory definitions that were previously upheld relying…
Loper Bright and the Unlawful Regulation Executive Order
TechFreedom’s Corbin Barthold on the FedSoc Blog explores whether the Trump Administration has “Good Cause” to skip notice and comment in response to the Administration’s executive order directing agencies to repeal “unlawful, unnecessary, and onerous regulations:” New precedents often raise as many questions as they answer. Take the first case on the executive order’s list: Loper Bright…
Cass Sunstein calls Loper Bright “Our Marbury”
Cass Sunstein’s latest piece on Loper Bright was published in the Duke Law Journal: Our Marbury: Loper Bright and the Administrative State. Here’s the abstract: Loper Bright, overruling Chevron, is unmistakably part of administrative law’s current “Grand Narrative,” which sees contemporary administrative agencies with suspicion, as a product of successive breaches of Article I, II,…
Loper’s Impact on the Tax Bill
Michael Rapoport at Bloomberg Tax has a piece on how “Congressional tax writers are taking steps to head off any future legal challenges to their new tax bill, but it’s a delicate balancing act.” The bill’s directives for Treasury to act are “more deliberative and detailed” than usual, and that added specificity “may be aimed…
