Sixth Circuit Decision Notes Growing Consensus Loper Bright Applies To NLRB
Loper Bright overruled the Chevron doctrine and held that the APA requires courts to independently interpret statutes without deferring to federal agencies’ views on what the law is. In its wake, questions have arisen as to whether and how Loper Bright applies to the National Labor Relations Board’s interpretations of…
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Sixth Circuit Decision Notes Growing Consensus Loper Bright Applies To NLRB
Loper Bright overruled the Chevron doctrine and held that the APA requires courts to independently interpret statutes without deferring to federal agencies’ views on what the law is. In its wake, questions have arisen as to whether and how Loper Bright applies to the National Labor Relations Board’s interpretations of the National Labor Relations Act,…
ICYMI: AFP Foundation Partners with Salem Media for “Faith and Liberty Summit 2025”
Little Rock, AR – On Saturday, Americans for Prosperity Foundation–Arkansas (AFPF-AR) partnered with Salem Media to present the Faith and Liberty Summit 2025, a gathering that brought together policy leaders, faith-based advocates, and representatives from conservative organizations to advance the principles of faith, liberty, limited government, and individual rights. As part of the program, AFPF-AR helped…
D.C. Circuit Splits on Application of Loper Bright to Furnace Regulations
Earlier this week, the D.C. Circuit issued a major decision in American Gas Ass’n v. Department of Energy, upholding energy efficiency standards for residential gas furnaces and commercial water heaters. Although the case is obviously significant for the energy sector, it is equally noteworthy for its engagement with Loper Bright Enterprises v. Raimondo, the Supreme…
Catholic University Event on Major Questions After Loper
The Major Questions Doctrine After “Loper Bright” Wednesday, November 12, 202512:00 p.m. – 1:00 p.m. Project on Constitutional Originalism and the Catholic Intellectual Tradition: In recent years, the major questions doctrine has been thought of as an exception to Chevron deference. In Loper Bright Enterprises v. Raimondo, the Supreme Court ruled that Chevron deference violated the…
Eleventh Circuit Immigration Decision Joins Debate Over Stare Decisis After Loper Bright
On October 30th, in Bastias v. U.S. Attorney General, the Eleventh Circuit issued an opinion highlighting a growing debate in the lower courts after Loper Bright on how broadly statutory stare decisis shields Chevron-era precedent upholding agency actions. Loper Bright overruled the Chevron doctrine, holding that the APA requires courts to independently interpret statutes, which…
OIRA Urges Agencies to Invoke APA Good-Cause Exception for Unlawful Rules After Loper Bright
On October 21, the White House Office of Information and Regulatory Affairs issued a memorandum seeking to streamline the review of deregulatory actions. The memo builds on Executive Orders 14129 and 14219, which direct agencies to repeal ten existing regulations for each new one and to ensure that existing regulations are squarely authorized by statute. …
One year later: A world without ‘Chevron deference’
American Legislative Exchange Council’s Nino Marchese writes in The Hill: Loper Bright reminds the nation that final legal interpretation belongs squarely with the judiciary — a core thread of our jurisprudential fabric stretching all the way back to Marbury v. Madison. When judges are forced to bow before bureaucrats on questions of law, we risk not only…
Liberty University School of Law Hosts Loper Symposium
On Friday, the Liberty University School of Law’s Supreme Courtroom was packed with students and community guests for the “Liberty Law Review’s” symposium, Loper Bright: A New Era of Administrative Law, which focused on the landmark 2024 Supreme Court case Loper Bright v. Raimondo. The Hon. Jennifer Walker Elrod, chief judge of the 5th U.S. Circuit…
AFP Foundation and AFP-Michigan Urge MDHHS to Eliminate Barriers to Health Care Access in Certificate of Need Review
LANSING, MI – On Friday, Americans for Prosperity Foundation (AFP Foundation) and Americans for Prosperity–Michigan (AFP-MI) submitted joint comments to the Michigan Department of Health and Human Services (MDHHS) calling for the state to substantially deregulate its Certificate of Need (CON) Review Standards. The organizations argue that Michigan’s current CON regime limits access to care, stifles innovation, and…
