Will Loper Bright Play a Role in Upcoming Supreme Court Preemption Dispute?
The Supreme Court will hear oral argument next week in Monsanto Company v. Durnell. The question presented is “[w]hether the Federal Insecticide, Fungicide, and Rodenticide Act [(“FIFRA”)] preempts a label-based failure-to warn claim where EPA has not required the warning.” Neither party cited Loper Bright in their cert-stage briefing. Nor…
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Will Loper Bright Play a Role in Upcoming Supreme Court Preemption Dispute?
The Supreme Court will hear oral argument next week in Monsanto Company v. Durnell. The question presented is “[w]hether the Federal Insecticide, Fungicide, and Rodenticide Act [(“FIFRA”)] preempts a label-based failure-to warn claim where EPA has not required the warning.” Neither party cited Loper Bright in their cert-stage briefing. Nor did the Missouri state-court decisions…
Express Delegation After Loper Bright: The Sixth Circuit’s Americare Decision and the Limits of “Housekeeping” Provisions
By Ryan P. Mulvey & Michael Pepson The Sixth Circuit’s recent decision in Department of Labor v. Americare Healthcare Services is a useful indicator of how courts operationalize Loper Bright when a statute contains an express delegation of authority to an agency. The case also spotlights related questions about the scope of statutory stare decisis for Chevron-era precedents, and the status of broad “housekeeping” statutes that agencies may claim confer legislative rulemaking authority. The Americare Case: Third-Party Home-Care Workers…
Americans for Prosperity Foundation Files Lawsuit Challenging Delaware’s Unconstitutional Law that Chills Speech and Private Association
Wilmington, DE — April 21, 2026 — Americans for Prosperity Foundation (AFPF), and its sister organization Americans for Prosperity (AFP), the nation’s premier grassroots advocacy organization, today announced they have filed a lawsuit against the State of Delaware challenging the constitutionality of its laws that violate the right of private association. The lawsuit asserts that…
Supreme Court to Revisit Stinson Deference
The Supreme Court has granted the petition for writ of certiorari in Beaird v. United States to review whether Stinson v. United States “still correctly states the rule for the deference that courts must give the commentary to the Sentencing Guidelines.” This development not only opens the door for reconsideration of another judicial-deference doctrine in…
Forthcoming ACUS Paper Explores Whether Agency Experts Are “Unbothered” By Loper Bright
In a recent post for the Yale Journal on Regulation’s “Notice & Comment” blog, law professor Daniel Deacon has previewed a draft report prepared for the Administrative Conference of the United States entitled “Drafting Regulatory Preambles.” Described as an exploration of “best practices for drafting regulatory preambles in light of recent developments in judicial review…
How Three New Jersey Fishermen Took on the Administrative State and Won
Americans for Prosperity (“AFP”) has published an article by AFP Foundation Senior Policy Counsel Ryan Mulvey that re-tells the story of Loper Bright with a focus on the plaintiff-fishermen, who stood up to what they took to be an egregious instance of government overreach. The article is part of AFP’s “One Small Step” series, which…
Loper Bright Added to Federal Government’s “Constitution Annotated”
Updates to the federal government’s official guide to interpretations of the Constitution—maintained by the Librarian of Congress and popularly known as “Constitution Annotated”—were published earlier this week to reflect the impact of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo on the proper understanding of the Vesting Clause in Article I. The changes…
Supreme Court Declines To Address Lurking Loper Bright Question In Urias-Orellana v. Bondi
On Wednesday, the Supreme Court issued a unanimous decision authored by Justice Jackson in Urias-Orellana v. Bondi, a dispute over the standard of review Courts of Appeals should apply to Board of Immigration decisions on whether a set of undisputed facts rises to the level of “persecution” under the Immigration and Nationality Act in the…
Fifth Circuit Cites Loper Bright to Strike Down FCC Telemarketing Regulation
The U.S. Court of Appeals for the Fifth Circuit has affirmed a lower court decision striking down a Federal Communications Commission (“FCC”) regulation that interpreted the phrase “prior express consent” in the Telephone Consumer Protection Act (“TCPA”) to mean “written” consent, at least when it comes to so-called “telemarketing” calls. That decision, in a case…
